Ankur Kumar Singh v. Area Manager, Bank Of India And ORS

Patna High Court CWJC No.4607 of 2018 dt.24-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4607 of 2018 =========================================================== Ankur Kumar Singh Son of Shiv Kumar Singh resident of village - Tarhani, P.S. - Sonhan, District - Kaimur.

.... .... Petitioner

Versus

1. Area Manager, Bank of India, Head Quarter Sasaram, District - Rohtas.

2. Zonal Manager, Bank of India, Patna, Bihar.

3. Branch Manager, Bank of India, Kaimur (Bhabua).

4. Bank of India, headquarter, Sasaram, District- Rohtas .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Arvind Kumar Mr. Nalin Kumar, Advocates.

For the Respondents : Mr. Rupak Kumar, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-04-2018 As prayed, learned counsel for the petitioner is permitted to implead the Bank of India, Headquarter Sasaram, DistrictRohtas as respondent no. 4 in course of the day.

2. The present writ petition has been filed for the following reliefs :

(i) For issuance of writ/writs in the nature of mandamus commanding the respondents to immediately release the vehicle of the petitioner which has been seized illegally. (ii) For commanding the respondents as to why the vehicle (bus) bearing No. UP 67T6542 has been seized. (iii) For commanding the respondents as to why the bus of the petitioner has been seized though the petitioner resultantly deposited the instalment of bus on the bank. (iv) For any other writ/writs, Order/orders, direction/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.

3. Learned counsel for the petitioner submits that two loans have been taken by the petitioner for purchase of two buses but due to unavoidable circumstances the petitioner fell behind in repayment of the instalment against the loans. It is stated that one of

Patna High Court CWJC No.4607 of 2018 dt.24-04-2018 the vehicles namely Bus No. UP67T6542 was seized by the Financer Bank which has resulted in great hardship to the petitioner who expresses his willingness to pay all the instalments to the respondentBank.

4. Learned counsel for the respondent-Bank appears and has been heard. No counter affidavit however has been filed on its behalf.

5. Having heard the parties and on consideration of materials on record, this Court is of the view that the ends of justice will be met if the petitioner is granted liberty to file a fresh representation before the Area Manager, Bank of India, Headquarter Sasaram, District- Rohtas (respondent no. 1) for redressal of his grievances. If any such representation if filed within a period of two weeks from today, the same shall be considered and disposed of on its own merits expeditiously and in any event within a period of two weeks thereafter in accordance with law.

6. The writ petition accordingly stands disposed of. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.04.2018 Transmission Date N.A.