Thakur Muneshwar Singh @ Muneshwar Singh v. The Chairman Managing Director

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6506 of 2019 ====================================================== Thakur Muneshwar Singh @ Muneshwar Singh Son of Late Ramswarup Singh Resident of Village-Vorhapatti, P.S. Belsand, District-Sitamarhi and presently Residing of Village-Tara Chauri, P.S. Mahnar, District-Vaishali ... ... Petitioner/s

Versus

1.

The Chairman Managing Director Central Bank of India. 2.

The Regional Manager, Central Bank of India.

3.

The Chief Branch Manager, Central Bank of India, Vaishali 4.

The Branch Manager, Central Bank of India, Mahnar Bazar, DistrictVaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Respondent/s :

Mr. Ajay Kumar Sinha, Sr. Advocate Miss Minu Kumari, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 17-10-2022 Petitioner has prayed for the following relief(s):- " That the present writ petition is being filed for issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to provide proper chance of re-payment against the loan sanction in favour of petitioner for which the petitioner is ready to pay in 12 equal installment and to restrain the Bank authorities for taking any coercive action against the petitioner under the provision of the securitization and reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002,

Patna High Court CWJC No.6506 of 2019 dt.17-10-2022 2/2 herein after to be referred as SARFAESI Act and for grant of any suitable relief/reliefs for which the petitioner would be entitled in the facts and circumstances of the present 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. Permission granted.

As and when any such request is made by the petitioner before the Tribunal or the 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 The petition stands disposed of as withdrawn with the liberty aforesaid.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) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 21.10.2022 Transmission Date