Md. Naiem v. Punjab National Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5234 of 2022 ====================================================== Md. Naiem son of Abdul Karim, Resident of Ward No.- 8, Gandhi Chowk, Piro, Bhojpur- 802207 (Bihar).

... ... Petitioner/s

Versus

1.

Punjab National Bank Head Office, R. Block, Patna- 800001 through its Zonal Manager.

2.

The Zonal Manager, Punjab National Bank, R. Block, Patna- 800001. 3.

The Regional Manager, Oriental Bank of Commerce (Now merged with Punjab National Bank), Regional Office, 2nd Floor, Chandrapura Place, West Gandhi Maidan, Patna- 800001.

4.

The Circle Manager, Punjab National Bank, 1st Floor, Mahuli Kothi, Near Peer Baba Marg, Arrah- 802301.

5.

The Branch Manager, Oriental Bank of Commerce (Now merged with Punjab National Bank), Bihiya Branch, Dak Bunglow Chowck, Bihiya, Dist.- Bhojpur- 802152.

6.

M/s Golden Rice Mill, through its Proprietor Sri Ashok Kumar, son of Shiv Kumar, Tilath Road, P.O.- Piro, Bhojpur- 802207 (Bihar). 7.

Sri Ashok Kumar, Proprietor, Golden Rice Mill, Tilath Road, P.O.- Piro, Bhojpur- 802207 (Bihar).

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

For the Petitioner/s :

Mr.Dr. Anand Kumar, Advocate For the Respondent/s :

Mr.Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-05-2022 Petitioner has prayed for the following relief(s): "i. For quashing of the possession notice dated 02.03.2022 (Annexure-1) issued by the Chief Manager, Authorized Officer, Punjab National Bank, Circle Officer, Ara, whereby and where under the possession of the petitioner's

Patna High Court CWJC No.5234 of 2022(2) dt.17-05-2022 2/3 residential building and the agricultural land have been taken without notice to the petitioner. ii. For issuance of direction commanding the respondents to make one time settlement with the Respondent 2nd Set (Borrower) with respect to the dues of the respondent Bank having CC limit loan account no.-15114015002381 6002001C0000022 existing with the Oriental Bank of Commerce (Now merged with and known as Punjab National Bank) Bihiya Branch, Dist.- Bhojpur, through which credit loan facility was taken by the Respondent 2nd Set (Borrower) for running Rice Mill in the name and style of M/s Golden Rice Mill, situated at Village - Tilath Road, P.O. + P.S. - Piro, Dist.- Bhojpur and for release of the aforesaid mortgaged dwelling house and Agricultural land.

iii. For any other relief or reliefs be granted to the petitioner to which his illegally entitled 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 or to approach the respondent Bank for amicable resolution of the dispute.

Patna High Court CWJC No.5234 of 2022(2) dt.17-05-2022 3/3 Permission granted.

As and when any such request is made by the petitioner before the Tribunal/respondent Bank, 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/DKS U