Bibhash Poddar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1950 of 2015 In Civil Writ Jurisdiction Case No.14223 of 2004 ======================================================

1. Bibhast Poddar, son of Late Ram Sevak Poddar R/o VillagePuraini, P.S. Puraini, District Madhepura.

2. Vijay Poddar, S/o Late Ram Sevak Poddar, R/o Village- Puraini, P.S. Puraini, District Madhepura.

... ... Petitioner/s

Versus

1. The State of Bihar through Secretary, Co-operative Department, Bihar. Sri Rajesh Gupta.

2. The Registrar, Co-operative Society, Bihar, Patna, Sri HHukum Singh Meena.

3. The Collector Madhepura cum Liquidator of Madhepura, Supaul, Central Cooperative Bank Ltd., Madhepura, Shri Gopal Meena.

4. The Joint Registrar, Cooperative Department, Koshi Division, Saharsa cum Joint Liquidator, the Madhepura Supaul Central Cooperative Bank Ltd., Shri Nagendra Prasad.

5. The Managing Director, the Bihar State Cooperative Bank Ltd., Situated at Ashok Rajpath, Patna cum Member of Secretary Bihar State Cadre cooperative Society, Shri Kumar Sant Rakshit.

6. The Saharsa District Cadre, Cooperative Society Ltd., Madhepura through its Secretary, C/o the Madhepura Supaul Central Cooperative Bank Ltd., Madhepura at present Administrator, District Cooperative Officer, Madhepura cum Administrator Saharsa District Cadre Cooperative Society, Shri Samaresh Kumar.

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

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 20-12-2017 Keeping in view the fact that the respondents have passed an order Annexure-A on 26.08.2015 even though accepting the claim of the petitioners but indicating their helplessness in making payment due to paucity of fund and from the observations made by the Writ Court it is clear that with

Patna High Court MJC No.1950 of 2015 dt.20-12-2017 2/2 regard to financial crisis on the Bank in question the matter is pending before the Company Judge.

Now, in case the petitioners have any grievance after the order Annexure-A has been passed, the petitioners are granted liberty to get the order executed and amount paid by approaching the Liquidator or the Company Court where the matter is subjudice.

With the aforesaid, the application stands disposed of.

(Rajendra Menon, CJ) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 02.01.2018 Transmission Date