Anand Prakash v. Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9449 of 2022 ====================================================== Anand Prakash S/o Late Ramavatar Prasad Shroff Resident of Flat No. 202, Hari Bhawan, Roti Restaurant Lane, Near A.N. College, Boring Road, Patna13, sole proprietor of Hamara Industries. ... ... Petitioner/s

Versus

1.

Bank of India through its Zonal Manager, 1st Floor, Chanakya Place, Birchand Patel Marg, Patna, Bihar- 800001.

2.

The Zonal Manager Bank of India, 1st Floor, Chanakya Place, Birchand Patel Marg, Patna, Bihar-800001.

3.

The Senior Branch Manager Bank of India, Patna C and P Branch, Raghubir Place, Boring Road, Patna, Bihar-800001.

4.

The Manager (Credit) Bank of India, Patna C and P Branch, Raghubir Place, Boring Road, Patna, Bihar- 800001.

5.

The Banking Ombudsman (Bihar) C/o Reserve Bank of India, Adharshila Complex, South Gandhi Maidan, Patna, Bihar- 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nikhil Kumar Agrawal, Advocate Ms. Aditi Hansaria, Advocate For the Respondent/s :

Mr. Amit Prakash, Advocate Mr. Rakesh Kumar, Advocate Mr. Raj Nandan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4 Shri Amit Prakash, learned counsel for the respondent fairly states that the action of the respondent is defenceless. Having heard learned counsel for the parties, we dispose of the present petition in the following terms:- (a) We quash and set aside the order dated 06.06.2022 passed by Respondent No. 5, namely, the Banking Ombudsman (Bihar) (Annexure-23), for no opportunity of hearing at all, much less adequate, was afforded to the petitioner, despite directions issued by this Court;

(b) We direct Respondent No. 5, namely, the Banking Ombudsman (Bihar), c/o Reserve Bank of India, Adharshila Complex, South Gandhi Maidan, Patna, Bihar to issue notice;

3/4 afford opportunity of hearing; permit the petitioner to place additional materials on record;

(c) Respondent No. 5 shall pass an order assigning reasons also accounting for the sanction note dated 18.02.2017 that of the respondent Bank (Annexure-5 Page No. 25); (d) The said authority shall pass a reasoned and speaking order preferably within a period of four months from the date of production of a copy of this order; (e) The order assigning reasons shall be communicated to the petitioner;

(f) Liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(g) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (h) Also, liberty reserved to the petitioner to approach the Court, should the need so arise subsequently on the same and subsequent cause of action;

(i) We have not expressed any opinion on merits. All issues are left open;

4/4 The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 05.08.2022 Transmission Date