Salim Akhtar v. Regional Manager Central Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6663 of 2011 ====================================================== Salim Akhtar, son of late Akhtar Hussain, resident of village-Harrakh, P.O.- Sabird Nagar, P.S.-Begusarai (Nagar), District-Begusarai. .... .... Petitioner/s

Versus

1. Regional Manager Central Bank of India, Saharsa.

2. Authorized Officer, Central Bank of India, Saharsa.

3. Branch Manager, Central Bank of India, Begpat Begusarai Asha Palace Opp. Town Hall Kali Asthan, Begusarai.

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

For the Petitioner/s : Mr. Raj Dular Sah For the Respondent/s : Mr. Om Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 08-07-2015 When the matter has been taken up for consideration on merit, a counter affidavit is being filed on behalf of the respondent nos.1 to 3 after service of its copy upon the learned counsel appearing on behalf of the petitioner, which is taken on the record. In compliance of oral order/direction of this Court, Mr.Ajay Prakash Gupta, Senior Branch Manager of Central Bank of India, Begusarai Branch is in appearance in person. Learned counsel appearing on behalf of the petitioner submits that, though the loan account of the petitioner was classified as NPA in March, 2006, but he is prepared to enter into a compromise with the Bank for getting the entire dispute amicably settled.

In above view of the matter, he seeks permission to withdraw the present writ petition with a liberty to approach the respondent no.3, the Senior Branch Manager of the Central Bank of India of the branch in question by filing a comprehensive representation for amicable resolution of entire dispute. Learned counsel appearing on behalf of the

Patna High Court CWJC No.6663 of 2011 (4) dt.08-07-2015 respondents, in presence of respondent no.3, submits that, if any representation is filed on behalf of the petitioner for settlement of entire dispute, the matter shall be considered sympathetically by the respondent no.3 in consultation with the higher officials of the respondent Central Bank of India, but strictly in accordance with the Banking regulations and relevant rules/guidelines of the Bank. Accordingly, the present writ petition stands disposed of as withdrawn with a liberty to the petitioner to approach the respondent no.3 by filing a comprehensive representation within a period of one month from today with a certified copy of the present order.

If such a representation is filed on behalf of the petitioner within the aforesaid period of one month, then the respondent no.3 either himself or any other competent authority of the respondent Central Bank of India shall consider and dispose of the said representation in accordance with law. However, if the petitioner does not file any representation, as indicated above, the respondents shall be at liberty to proceed in the matter in accordance with law for recovery of its lawful dues. (Birendra Prasad Verma, J) Arvind/- U