Aditya Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4961 of 2015 ====================================================== Aditya Kumar, Son of Dinanath Prasad Singh, Resident of Mohalla Pioneer Co-operative Colony, Sipara Main I.O.C. PT P.O. Pakri, Patna, District - Patna- 800022.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Co-operative, DPT, Bihar.

2.

The Branch Manager, The Bihar Awami Co-operative Bank Ltd. Branch at Muradpur, Patna 4.

3.

The Bank through Branch Manager, The Bihar Awami Co-operative Bank Ltd., Branch at Muradpur, Patna-4.

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Respondent/s :

Mr. S.K. Sharma, GA-1.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 01-02-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "(i) For that Respondent No. 2 may be directed to issue "no Dues Certificate" in favour of the petitioner.

(ii) For that any other relief/reliefs may also be provided to the petitioner if he deserves the same."

3. In the supplementary counter affidavit filed by the Respondent-Bank, it is categorically stated that the total outstanding dues as on date is approximately Rs. 26,54,879/- which includes the principal amount of Rs. 11,91,062/- and

Patna High Court CWJC No.4961 of 2015(11) dt.01-02-2024 2/2 interest amount of Rs. 14,63,817/-.

4. The petitioner has not filed any rejoinder to the said supplementary counter affidavit. Therefore, the averments made in the supplementary counter affidavit has to be taken as true and correct. Further, the Bank has also enclosed the statement of account of the loan showing the amounts due to the Bank.

5. Having regard to the same, the relief sought for by the petitioner in the present CWJC cannot be granted, therefore, the present writ petition is dismissed. The petitioner if so advised, can approach the Bank for reduction of the interest or apply under the OTS Scheme, if any such scheme is available.

6. With the above observations, the present writ petition stands dismissed.

(A. Abhishek Reddy , J) shakir/- U