Anand Bihari Sah v. The State Bank Of India And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6850 of 2012 =========================================================== Anand Bihari Sah son of late Ram Sevak Sah, resident of Village & P.O. Balua Rampurwa, Police Station-Bairia, District-West Champaran .... .... Petitioner
Versus
1. The State Bank of India through the Chief General Manager, Bihar, Near Anta Ghat, Gandhi Maidan, Patna
2. The Branch Manager, State Bank of India, Agriculture Development Branch, Bettiah, District-West Champaran .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Brij Kishor Mishra, Advocate For the Respondents : Mr. Kaushlendra Kumar Sinha Mr. Anjani Kumar Mishra, Advocates =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 29-06-2016 I.A. No. 5077 of 2016 This interlocutory application has been filed for substituting the legal heirs of the sole petitioner, latter having died on 27.05.2014. 2 Having regard to the nature of the prayer made, the interlocutory application stands accordingly allowed. Let the name of the petitioner be deleted and in his place, the names of his legal heirs and representatives as mentioned in paragraph 1 of the I.A. be substituted in course of the day.
CWJC No. 6850 of 2012
3. The present writ petition has been filed for a direction to the respondents to release the tractor bearing Model No. M.F.241 DI, Engine No. 5325. 1A20288, Chasis No. 293004 having its registration No. BR-22F-8250, which has been seized by them on making
Patna High Court CWJC No.6850 of 2012 dt.29-06-2016 2/2 inventory for that on 17.03.2012 for non-payment of loan amount of Rs. 2,99,000/- with interest and further for issuance of a direction to the respondents to allow the petitioner to operate his Bank saving account No. 01170083249 in which the original petitioner has been stopped to operate.
4. At the very outset, learned counsel for the newly substituted petitioners submits that pursuant to the order of this Court dated 07.05.2012, the tractor in question has since already been released to the original petitioner and the prayer in that behalf has become infructuous. It is stated that with regard to the Bank Saving Account No. 01170083249, the petitioners would be approaching the respondent-Bank for necessary relief by filing a representation. The newly substituted petitioners also undertake to make payment of the outstanding amount of the loan account of the deceased petitioner after obtaining the details of the up-to-date statement of the account from the Bank. The petitioner would approach the Bank for such calculation within a period of three weeks from today.
5. Having regard to the stand of the petitioners, the writ petition stands disposed.
(Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 04.07.2016 Transmission Date N/A