Satyendra Kumar v. The State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4193 of 2024 ====================================================== Satyendra Kumar, aged about 35 years, Male, S/o Ram Awadh Singh, Resident of Vilalge-Karhansi, P.S.-Natwar, District-Rohtas. ... ... Petitioner/s

Versus

1.

The State Bank of India through the Chief Manager, S.A.R.B. State Bank of India, 2nd Floor, Patna Main Branch Building, Gandhi Maidan (West), Patna-800001.

2.

The Chief Manager, S.A.R.B., State Bank of India, 2nd Floor, Patna Main Branch Building, Gandhi Maidan (West), Patna-800001. 3.

The Assistant General Manager, S.A.R.B., State Bank of India, 2nd Floor, Patna Main Branch Building, Gandhi Maidan (West), Patna-800001. 4.

The State Bank Of India, Bikramganj Branch, District-Rohtas, through its Branch Manager.

5.

The Branch Manager, the State Bank of India, Bikramganj Branch, DistrictRohtas. 6.

Baban Singh, aged about 48 years, Male, Son of Mundrika Singh, resident of Mohalla-Companysarai Rouza Road, Sasaram, Police Station-Sasaram Town, District-Rohtas.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5314 of 2023 ====================================================== 1.

Baban Singh, aged about 47 years, Male, Son of Mundrika Singh, Resident of Mohalla- Companysarai, Rauza Road, Police Station- Sasaram Town, District- Rohtas.

2.

Poonam Kumari, aged about 37 years, Female, Wife of Baban Singh, Resident of Mohalla- Companysarai, Rauza Road, Police Station- Sasaram Town, District- Rohtas.

3.

Ritesh Kumar, aged about 40 years, Male, Son of Shyam Sundar Singh, Resident of Village- Jakhini, Police Station- Nokha, District- Rohtas. 4.

Maa Diagnostic Centre through its Partner Kunal Prakash aged about 36 years (Male) son of Om Prakash Singh, Resident of Mohalla- Gaurakshini near Durga mandir, Sasaram, Police Station- Sasaram, District- Rohtas. 5.

Amit Singh, aged about 37 years, Male, Son of Shyam Nandan Singh, Resident of Road No. 14, Rajiv Nagar, Police Station- Rajiv Nagar, Patna24. ... ... Petitioner/s

Versus

1.

The State Bank of India through its Chief General Manager, Patna Main Branch Building, Gandhi Maidan, Patna.

2/4 2.

The Chief General Manager, The State Bank of India Patna Main Branch Building, Gandhi Maidan, Patna.

3.

The Assistant General Manager, Stressed Assets Recovery Branch, State Bank of India, 2nd Floor, Patna Main Branch Building, Gandhi Maidan West, Patna- 1.

4.

Satyendra Kumar Son of Sri Ram Awadh Singh, Resident of VillagePrastampur, Post- Karhasi, Police Station- Natwar, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 4193 of 2024) For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

Mr. B. K. Dubey, Adv.

For the Respondent/s :

Mr. Rakesh Kumar Singh, Adv.

For the Bank :

Mr. Anant Kumar Sharan, Adv.

Mr. Prabhat Kumar Sharan, Adv.

Mr. Hemant Kumar Sharan, Adv.

(In Civil Writ Jurisdiction Case No. 5314 of 2023) For the Petitioner/s :

Mr. Jetendra Prasad Singh, Adv.

For the Respondent No 4:

Ms. Jay Priya, Adv.

Mr. Om Prakash Singh, Adv.

For the State :

Mr. Sanjiv Kumar, Adv.

For the Bank :

Mr. Anant Kumar Sharan, Adv.

Mr. Prabhat Kumar Sharan, Adv.

Mr. Hemant Kumar Sharan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-08-2024 Civil Writ Jurisdiction Case No. 5314 of 2023 Having regard to the fact that the petitioner has already approached the Civil Court by way of a Title Suit bearing T. S. No. 545 of 2023, this Court is not inclined to entertain the present writ petition nor grant the reliefs sought for by the petitioner in the present CWJC No. 5314 of 2023.

2. The present writ petition is disposed of without

3/4 prejudice to the rights of the petitioners herein to implead the Bank as a necessary party in the pending suit and claim relief against the Bank, if any.

3. In case, the petitioner is so advised, he can file an I.A. seeking interim injunction order against the Respondent No. 4 from alienating the suit property. The said I. A. shall be decided on its own merits by the Trial Court in accordance with law.

4. Accordingly, the present writ petition stands disposed of.

Re. I.A. No. 01 of 2024 (in CWJC No. 4193 of 2024)

5. For the reasons mentioned in the I.A. No. 01 of 2024, the same is allowed.

6. Registry is directed to make necessary changes in the cause title accordingly.

Civil Writ Jurisdiction Case No. 4193 of 2024

7. The present Writ Petition has been filed for the following reliefs:- "For issuance of a writ in the nature of mandamus or any other appropriate writ, or order/s, direction commanding the respondents for the followings:- (i) To issue no dues certificates to the petitioner in respect of loan Account No. 35017469974 and

4/4 35716353251 as the petitioner has already paid the entire amount along with interest in terms of the settlement arrived at between the parties.

(ii) To give all consequential benefits to the petitioner pursuant to the issuance of the aforesaid no dues certificate."

8. Having regard to the facts that the entire amount due to the loan account of the petitioner has already been cleared. The Respondent-Bank is directed to issue no dues certificate as expeditiously as possible preferably within a period of four weeks from the date of the receipt of the copy of this order. The issuance of the no dues certificate shall be subject to the final result of the civil suit bearing Title Suit No. 545 of 2023 filed by the Respondent No. 6 herein.

9. With the above observations, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U