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Patna High CourtMJC/31/2021allowed

Md Noorkhan v. General Mangaer, State Bank Of India Patna Main Branch Building

2021-08-05Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 31 of 2021 In Civil Writ Jurisdiction Case No. 685 of 2020 ====================================================== Md Noorkhan ... ... Petitioner/s

Versus

General Manager, State Bank of India Patna Main Branch Building .. ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Adv.

For the State :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-08-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present petition has been filed seeking restoration of a petition bearing CWJC No. 685 of 2020, which has stood dismissed on account of non-compliance of the order dated 19.2.2020 passed by this Court whereby and whereunder the petitioner was directed to deposit a sum of Rs. 5,00,000/- within two weeks with the Respondent-

2/3 Bank.

The learned counsel for the petitioner submits that on account of certain problems and the ensuing lock-down, some delay has taken place in depositing the aforesaid sum of Rs. 5,00,000/-, nonetheless, as on today, the entire amount of Rs. 5,00,000/ stands deposited with the RespondentState Bank of India, Patna Main Branch, Patna, and to the said effect, a supplementary affidavit shall be filed in the aforesaid writ petition bearing CWJC No. 685 of 2020.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, the present petition is allowed and it is directed that the aforesaid petition bearing CWJC No. 685 of 2020 be restored to its original file, subject to the petitioner filing a supplementary affidavit, within a period of two weeks from today, annexing proof of payment of the aforesaid sum of Rs. 5,00,000/-, in the main writ petition bearing CWJC No. 685 of 2020.

3/3 Ajay/- (Mohit Kumar Shah, J) U