Mahendra Sah v. The Canara Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.990 of 2023 In Civil Writ Jurisdiction Case No.6877 of 2021 ====================================================== Mahendra Sah, son of Late Raghunath Sah, R/o Village-Paigambarpur, P.S. Ahiyapur, District-Muzaffarpur (Bihar) PIN-843108. ... ... Petitioner

Versus

1.

The Canara Bank through its Chairman-cum-Managing Director. 2.

The Regional Manager, Canara Bank, Patna.

3.

The Chief Manager Canara Bank Bhagwanpur Branch, Muzaffarpur. 4.

The Authorized Officer, Recovery Branch of Canara Bank Bhagwanpur, Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar, Advocate For the Opposite Party/s :

Mr.Rajan Ghoshrave, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 18-03-2024 The present M.J.C./Contempt petition is filed for non-compliance of order dated 12.07.2022 passed in C.W.J.C. No. 6877 of 2021.

2. It is necessary to reproduce portion of the order dated 12.07.2022, it reads as under:- "We are hopeful that till such time a decision on such application is taken by the authorities, the respondent shall not precipitate the action for taking over possession of the property in question. This shall be for a period of four weeks from filing.

We only hope and expect the tribunal to expeditiously decide the application/petition on

Patna High Court MJC No.990 of 2023 dt.18-03-2024 2/2 merits in accordance with law.

The petition stands disposed of in the aforesaid terms.

Interlocutory application, if any, shall stand disposed of."

3. Learned counsel for the respondents, on instruction, submitted that subject matter of property was taken over on 03.09.2022. Therefore, there is no contempt committed by the respondents. That apart, petitioner has not apprised this Court whether has he obtained any interim order before the D.R.T. in respect of taking over possession of the subject matter of property in question. In absence of interim order before the D.R.T, there is no infirmity in the order dated 03.09.2022 on behalf of the respondent Bank in taking over the possession of the property.

4. Accordingly, the present M.J.C/Contempt petition stands dropped as not maintainable.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) manish/- AFR/NAFR N.A.F.R.

CAV DATE N.A Uploading Date 19.03.2024 Transmission Date N.A