Balmiki Prasad Singh @ Balmiki Singh v. State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8519 of 2020 ====================================================== Balmiki Prasad Singh @ Balmiki Singh Son of Late Saryug Prasad Singh Residing at Saryug Complex, Opp-Dr Raj Kumar, Dak Bungalow Road (Kali Sthan Chowk) Begusarai, P.S.-Nagar, District-Begusarai. ... ... Petitioner/s

Versus

1.

State Bank of India through its Chief General Manager namely Mr. Mahesh Goyal, Patna. Head Office, 2nd Floor, West Gandhi Maidan, Patna-800001. 2.

Deputy General Manager, SBI Zonal Officer, Bhagalpur, Bhowesh Bhawan, S.M. College Road, Khanjarpur, Bhagalpur-812001 3.

Regional Manager, Regional Business Office, Har Har Mahadev Chowk, Begusarai, 851101.

4.

Chief Manager, State Bank of India, SME Dak Bungalow Road (61742) (Kali Sthan Chowk), Begusarai 5.

SBI Infra Management Solutions Pvt Ltd., Ground Floor Raheja Chambers, Free Press Journal Marg, Nariman Point, Mumbai-400021 6.

SBI Infra Management Solutions Pvt Ltd., State Bank of India, Patna Main Branch, 2nd Floor, West Gandhi Maidan, Patna-800001 through Circle Head, SBIIMS Pvt Ltd.

7.

Civil Engineer, SBIIMS Ao Bhagalpur, SBIIMS Pvt Ltd Zonal Office, Bhagalpur, Bhowesh Bhawan, S.M. Collged Road, Khanjarpur, Bhagalpur, 812001.

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

For the Petitioner/s :

Mr.Rajni Kant Jha, Advocate For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 26-03-2021 Heard learned counsel for the petitioner and learned counsel for the respondents. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The following reliefs as formulated by the petitioner have been claimed in the writ petition -

Patna High Court CWJC No.8519 of 2020 dt.26-03-2021 2/3 "(i) That the notice inviting Tender (NIT) bearing Tender ID PAT202009020 published in the edition of the daily Hindi Newspaper 'Hindustan' dated 20.09.2020 by the respondents inviting offers from owners/power of attorney holder for the commercial/office premises having carpet area of 2000 sq. ft. approximately on lease rental basis for opening of its alternate premises of Dakbungalow Road Branch-Begusarai, District Begusarai under RBO SME, Bhagalpur be quashed;

(ii) That the communication vide letter dated 25.08.2020 issued by and under the signature of the Chief Manager, SBI SME Dak Bungalow Road (612421) by which the petitioner is being forced to reduce the rent of the premises occupied by SBI after clearly mentioning the rate of rent in the Acceptance Letter bearing Ref No. RBO/BGS P&E/2120 dated 05.02.2020 be quashed;

(iii) That the respondents be directed to execute the registered lease deed in terms of the Acceptance Letter bearing Ref No. RBO/BGS P&E/2120 dated 05.02.2020;

(iv) That the respondents be directed to pay the arrear of rent and current rent with compound interest calculated at 12% per annum from the due date to actual date of payment;

(v) That pendente lite the writ petition, the respondents be restrained from executing the tender proceeding to be held on 05.10.2020;

(vi) That pendente lite the writ petition, the respondents be directed to pay at least the admitted rent of the premises to the petitioner who is in

Patna High Court CWJC No.8519 of 2020 dt.26-03-2021 3/3 urgent need of money to repay the loan, the interest of which is mounting day by day;

(vii) That any other relief or reliefs be granted to the petitioner to which he is found entitled in the facts and circumstances of the case."

3. At the outset learned counsel for the petitioner Mr. Rajni Kant Jha fairly states that the matter has been amicably settled between the parties and the writ petition need not be pursued any further.

4. None appears on behalf of the respondents when the matter is called.

5. Having regard to the stand of the petitioner, the writ petition stands disposed of.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE - Uploading Date 26.03.2021 Transmission Date -