Jay Kumar Gupta v. The Regional Manager, Union Bank Of India, Bhagalpur
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5490 of 2022 ====================================================== Jay Kumar Gupta Son of Late Mohan Lal Sah Resident of Shashtri Nagar, Gulabbagh, Police Station- Sadar, District- Purnea. Proprietor of M/s Maa Kamakhaya Traders, Purnea.
... ... Petitioner/s
Versus
1.
The Regional Manager, Union Bank of India, Bhagalpur xxx 2.
The Branch Manager, Union Bank of India, Near Ford Company Road, Purnea.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Kumar, Advocate :
Ms.Arti Kumari, Advocate For the Respondent/s :
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-05-2022 Petitioner has prayed for the following relief(s):- (i) For issuance of writ of mandamus command the respondents to settle the account of the petitioner under the one time settlement (OTS) scheme so that petitioner can pay the entire dues amount.
(ii) For issuance of appropriate writ to restrain the respondent bank not to proceed with the auction sale of the residential house of the petitioner as the same is only residential house of the petitioner and his family in which he resides with his family as petitioner is ready to deposit the entire amount which
Patna High Court CWJC No.5490 of 2022 dt.18-05-2022 2/3 will come after one time settlement with the bank.
(iii) For the other reliefs in the facts and circumstances of the case.
After the mater was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, reserving liberty to take recourse to such other remedies as are otherwise permissible and admissible in accordance with law as also represent to the appropriate authority, venting out the grievances, subject-matter of the present petition.
Prayer allowed.
As and when any such action is taken, we are hopeful that the authority/adjudicatory authority shall consider and decide the same expeditiously.
Without expressing any opinion on merits, leaving all questions of fact and law open, the present petition is disposed of as withdrawn with the liberty aforesaid. Interlocutory application(s), if any, shall also
Patna High Court CWJC No.5490 of 2022 dt.18-05-2022 3/3 stand disposed of.
(Sanjay Karol, CJ) ( Satyavrat Verma, J) Rishi/- AFR/NAFR CAV DATE Uploading Date 20.05.2022 Transmission Date