The Bihar State Cooperative Land Development Bank And ORS v. Uday Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1451 of 2015 In Civil Writ Jurisdiction Case No.790 of 2014 ======================================================

1. The Bihar State Cooperative Land Development Bank Presently known as the Multi State Cooperative Land Development Bank ltd. Bihar-Jharkhand, Budh Marg, Patna , through its Chairman.

2. The Managing Director, Bihar Cooperative Land Development Bank, Budh Marg, Patna Presently known as the Multi State Cooperative Land Development Bank Ltd. Bihar Jharkhand.

3. The Director, Bihar Cooperative Land Development Bank, Budh Marg, Patna Presently known as the Multi State Cooperative Land Development Bank Ltd. Bihar Jharkhand.

4. Regional Manager, Bihar Cooperative Land Development Bank, Budh Marg, Patna Presently known as the Multi State Cooperative Land Development Bank Ltd. Bihar Jharkhand. ... ... Appellant/s

Versus

Uday Kumar Singh S/o late Awadheshwar Pd. Resident of Kali Sthan Lane,, Mahendrau P.S. Sultanganj, District Patna.

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

For the Appellant/s :

Mr. Rajesh Prasad Choudhary For the Respondent/s :

Mr. Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 17-01-2018 In furtherance to the direction dated 10.01.2018, counsel for the Bank has produced two certificates. One has been issued under the signature of the Secretary indicating that a sum of Rs.2,74,891/- has been adjusted against the loan account outstanding of the private respondent.

The second certificate has been issued under the Signature of the Accounts Officer where he certifies that a sum of

Patna High Court LPA No.1451 of 2015(10) dt.17-01-2018 2/2 Rs.3,75,596/- under the provident fund head has been paid in December 2013. Both the certificates are dated 15.01.2018. Let copies of the two certificates be handed over to the counsel for the private respondent for his record.

In view of the above position, the direction for payment of interest @ 6% is set aside.

Counsel for the private respondent submits that if there is any discrepancy in the payment of the outstanding dues or if any other legitimate claim remains, he will have freedom to approach the Bank and they will have a duty to verify that assertion and point out the actual position. The Court sees no difficulty in the same.

Appeal otherwise stands disposed of now.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk U