Patna High CourtCWJC/7551/2012disposed

Baliram Prasad Singh v. The State Of Bihar And ORS

2015-09-29Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7551 of 2012 =========================================================== Baliram Prasad Singh Son of Late Dhireshwar Prasad Singh, Resident of House No.- C/15-C, Peoples Co-Operative Colony, P.S.- Kankarbagh, in the town and District of Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Co-operative Department, Government of Bihar, Patna.

2. The Managing Director, Bihar State Co-operative Bank Ltd. Ashoka Raj Path, Patna-4.

3. The Regional Commissioner, Employees Provident Fund, R. Block, Road No.- 6, Patna.

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

For the Petitioner/s : Mr. Awadhesh Kumar & Mr. Braj Nandan Kumar Tiwary, Advocates.

For the Respondent/s : Mr. Rajeev Ranjan, Advocate. For the E.P.F.O. : Mr. Prashant Sinha & Mr. S. K. Sinha, Advocates.

For the B.S.C. B. : Mr. S. N. Pathak, Advocate. For the State : Mr. Sanjay Kumar, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 29-09-2015 Heard learned counsel for the parties.

Despite the direction of the Court dated 19.04.2012 to the petitioner for filing supplementary affidavit enclosing the order passed on the earlier writ petition filed by the petitioner, the same has not been done.

The issue of dispute in the present writ application pertains to whether the charging of interest by the Board of Trustees relating to advance taken by the petitioner from the Provident Fund account shall be at the rate of compound interest or simple interest. As per the submission of learned counsel appearing for the respondent Bihar State Co-operative Bank

Patna High Court CWJC No.7551 of 2012 dt.29-09-2015 2/2 Limited, though the issue was decided in favour of the petitioner by the Division Bench of this Court, the Hon'ble Supreme Court has granted stay in favour of the Bank in S.L.P.(C) No. 2270522706 of 2015 on 24.08.2015. In view of the aforesaid, this Court does not deem it necessary to keep the matter pending.

Accordingly, the writ application stands disposed off.

However, the petitioner shall be at liberty to file an appropriate application, if so required, after the matter is finally decided by the Hon'ble Supreme Court.

(Ahsanuddin Amanullah, J.) Anand Kr.

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