M/S Milan Enterprises v. Sri Dinesh Kumar Khar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1725 of 2023 In Civil Writ Jurisdiction Case No.12934 of 2022 ====================================================== M/s Milan Enterprises Dariyapur, Bari Road, Patna-800004, through its Proprietor Md. Naseem, aged about 67 years (M), son of Late Abdul Shakoor. ... ... Petitioner/s

Versus

1.

Sri Dinesh Kumar Khar son of not known, Chairman, State Bank of India, State Bank Bhawan, Madame Cama Marg, Mumbai-400021. 2.

Sri Deepak Kumar Abhishek, son of not known, Regional Manager, State Bank of India, Regional Business Office 1, Administrative Office, J.C. Road, Patna-800001.

3.

Sri Raju Kumar Mandal, son of not known, Chief Manager, State Bank of India, Govind Mitra Road Branch, Govind Mitra Road, P.S.-Pirbahore, Patna-800004.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Binay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Singh Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 02-08-2023 The present M.J.C./contempt petition is filed for noncompliance of the order of this Court dated 14.09.2022 passed in C.W.J.C. No. 12934 of 2022.

2. The respondent - Bank has issued communication dated 27.10.2022 vide Annexure - 4. In the aforementioned communication they have quoted each and every representations/letters of the petitioner and further it has been examined and proceeded to pass order which is adverse to the

Patna High Court MJC No.1725 of 2023(4) dt.02-08-2023 2/2 petitioner. If it is adverse to the petitioner, in that event, petitioner is entitled to assail the order dated 27.10.2022 to the extent that it is not in terms of the R.B.I. instructions or any circular, by means of filing writ petition.

3. In other words, petitioner has a fresh cause of action insofar as decision of the respondents on his representations/letters, therefore, the present M.J.C. petition stands dropped reserving liberty to the petitioner to assail the impugned action of the respondents dated 27.10.2022 or any other communication, in accordance with law.

(P. B. Bajanthri, J) (Jitendra Kumar, J) GAURAV S./- U