Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20283 of 2021 ====================================================== Manju Devi W/o Late Rajniti Ishwar, R/o Village - Ward No. 2, Bharaul Agapur, P.s.- Mansoorchak, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar Patna 2.

The District Magistrate, Begusarai 3.

The Branch Manager, Tata Motors Finance Limited, Purnea 4.

The Branch Manager, Tata Motors Mahakali Motors Private Limited, Katihar 5.

The Manager, Mahakali Motors Private Ltd., Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate Mr. Pankaj Kumar Singh, Advocate For the Respondent/s :

Mr. Ajay Kr. Rastogi, AAG-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================= Date : 10-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4

3/4 We are entertaining the present petition in view of the fact that at this point in time, the Debt Recovery Tribunal is not functional on account of non-appointment of Presiding Officer.

After the matter was heard for some time, finding the Bench not to be in agreement with the submissions made across the Bar, more so, on the issue of maintainability, learned counsel for the petitioner states that petitioner be permitted to approach Respondent No. 3, namely the Branch Manager, Tata Motors Finance Limited, Purnea for not only obtaining the documents in relation to the Loan Account No. 5003015717 pertaining to the petitioner's husband, but also submitting a proposal for One Time Settlement.

Prayer allowed.

We are sure that as and when any such request is made, the same shall be considered and decided expeditiously, in accordance with law.

It is made clear that we have not expressed any opinion on merits. All issues are left open.

Petition stands disposed of in the aforesaid terms.

4/4 Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 12.02.2022 Transmission Date