Sabita Devi v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10456 of 2019 ====================================================== 1.

Sabita Devi W/o Krishan Kumar Managing Director of Sunrise Saran Construction Jan, Pvt. Ltd., Gandak Pul Road, Hajipur, Vaishali, at present residing at 62-Aanandpuri, west Boring Canal road, patna, Bihar 2.

Dipak Kumar Singh S/o Bimlendra Singh Director of Sunrise Saran Construction Jan, Pvt. Ltd., resident of village- Budhaila, P.s.- Sonpur, Distt.- Saran ... ... Petitioner/s

Versus

1.

The Chairman State Bank of India, Nariman Point, Mumbai-400021, Maharastra 2.

The Regional Manager State Bank of India, SME Branch, Hajipur (code no. 17487), BIADA Building Paswan Chowk, Hajipur, Vaishali, Pin-844101 3.

The Zonal Manager State Bank of India, Judges Court Road, Patna 4.

The Branch Manager State Bank of India, SME Brnach, Hajipur Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Kaushlendra Kumar Sinha, Advocate Mrs. Namrata Mishra, Advocate Mr. Sunil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-11-2022 Petitioners have prayed for the following relief(s):- "i. To hold and declare the notice dated 18.04.2019 as bad, illegal, capricious, malafide and colourable exercise of power because the same has been issued to the petitioners without giving any chance to them and without looking into the circumstances is being faced by the petitioners.

ii. To issue an appropriate writ in the nature of Certiorari for the quashing of notice dated 18-04-2019 by

Patna High Court CWJC No.10456 of 2019(4) dt.23-11-2022 2/3 which the petitioners have been directed to pay the installments which is due on the company of the petitioners.

iii. To issue an appropriate writ for a direction to the respondents to give the petitioners a fair and reasonable opportunity to settle the issue with the respondent bank. iv. For a direction to the respondents to not pressurise the petitioners to settle the issue till the payment of insurance amount.

v. Any other relief or reliefs for which the petitioner is legally and validly entitled in the facts and circumstances of the case."

On 22.11.2022, we had passed the following order:- "From the body of the order dated 15th of November, 2022, it is apparent that on the said date, despite repeated calls, none had entered appearance on behalf of the petitioners. However, due to typographical error, under the heading "Appearance", name of Mr. Pramod Ban Bihari Singh, learned counsel for the petitioners, was typed out.

As such, order dated 15th of November, 2022 is corrected to the extent that under the heading "Appearance", name of learned counsel for the petitioners Mr. Pramod Ban Bihari Singh be deleted. Let this order be uploaded on the website of Patna High Court/Internet.

Today also, despite repeated calls, none has entered appearance on behalf of the petitioners.

However, in the interest of justice, matter is adjourned.

List this case on 23rd of November, 2022, in the category of "Order Matters"."

Patna High Court CWJC No.10456 of 2019(4) dt.23-11-2022 3/3 Even today, none has entered appearance on behalf of the petitioners.

As such, present petition stands dismissed for default. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/Ashwini U