Kaveri Food Industries v. The Bank Of Baroda

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3995 of 2022 ====================================================== Kaveri Food Industries represented by its Power of Attorney holder Rajiv Kumar @ Rajiv Kumar Pathak, aged about 40 years, Gender-Male, son of Kamla Kant Pathak, Resident of Mohalla-Malviya Nagar (Dhobi Ghat), Police Station-Buxar, District-Buxar, Bihar.

... ... Petitioner/s

Versus

1.

The Bank of Baroda through its Chairman and Managing Director, Head Office, Mandvi, Baroda, Gujarat-390001.

2.

The Chairman and Managing Director, The Bank of Baroda, Head Office, Mandvi, Baroda, Gujarat-390001.

3.

The General Manager, The Bank of Baroda, Zonal Office, 6th Floor, Anand Vihar West Boring Canal Road, Patna, Bihar.

4.

The Assistant General Manager, Regional Office, 3rd Floor, Anand Vihar West Boring Canal Road, Patna, Bihar.

5.

The Chief Manager, ROSARB Patna, The Bank of Baroda, Patliputra Branch, 1st Floor, Saryug Complex, Nehru Nagar, Patliputra, District-Patna, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Narayan Choubey, Sr. Adv.

Mr. Prashant Kumar, Adv.

For the Respondent/s :

Mr.Siddharth Harsh, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-05-2022 Petitioner has prayed for following relief (s) : - i.) For issuance of appropriate writ, order or direction to the Respondents for granting extension of time for another 10 months for completion of the balance settlement amount in terms of the Compromise Agreement dated 22.09.2021 executed between the parties at Rs. 1,10,00,000/- (Rupees One Crore Ten Lakhs only) for the Account No. 31200500000075 at the Bank of Baroda.

ii.) For issuance of appropriate writ, order or direction interdicting the Respondents from initiating any coercive steps or from terminating the

Patna High Court CWJC No.3995 of 2022(2) dt.05-05-2022 2/2 compromise agreement dated 22.09.2021 executed between the parties at Rs. 1,10,00,000/- (Rupees One Crore Ten Lakhs only) during the pendency of the instant writ application.

ii.) For grant of such other order or direction for which the Petitioner is found entitled to in the facts and circumstances of the case."

In view of the fact that Debts Recovery Tribunal is now functional, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition with liberty to take recourse to such other appropriate remedies, as are otherwise available, in accordance with law. Permission granted.

As and when any such request is made by the petitioner before the Tribunal, the same shall be considered and decided expeditiously.

The petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/chn U