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Patna High CourtCWJC/14692/2019disposed

Mukesh Singh v. The Divisional Manager, Indusland Bank

2022-12-06The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14692 of 2019 ====================================================== Mukesh Singh, Son of Balram Singh Resident of Village- Jakkanpur, Post Office- Suryagarha, Police Station- Suryagarha, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The Divisional Manager, Indusland Bank Begusarai. 2.

The Area Manager, Indusland Bank, Saguna More, Danapur, Patna. 3.

The Branch Manager, Idusland Bank, Harhar Mahadeo Chowk, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-12-2022 Petitioner has prayed for following relief(s) : - "(i) For issuance of writ/writs in the nature of Mandamus commanding the Respondents to immediately release the vehicle of petitioner bearing TATANPT 2518 Registration No. BR09GA-6722, Engine No. 53706, Chassis No. 23909.

(ii) For commanding the Respondents as to why the vehicle of the petitioner was seized though the petitioner was regularly paying the EMI which has been fixed by the Bank.

Patna High Court CWJC No.14692 of 2019 dt.06-12-2022 2/3 (iii) For commanding the Respondents as to why without notice for seizure of vehicle the vehicle of the petitioner has been seized.

(iv) For any other writ/writs, order/orders, direction/directions as this Hon'ble Court may deem fit and proper as the facts and circumstances of this case."

After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to take recourse to such equally, efficacious alternative remedies as are otherwise available in accordance with law.

Permission granted.

We clarify that we have not adjudicated the dispute on merits. All questions of fact and law are left open to be agitated and adjudicated before the appropriate forum in accordance with law.

As and when such proceeding is initiated, the same shall be considered and decided expeditiously in accordance with law.

Petition stands disposed of in the aforesaid terms.

Patna High Court CWJC No.14692 of 2019 dt.06-12-2022 3/3 Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/- AFR/NAFR CAV DATE Uploading Date 08.12.2022 Transmission Date