Shailendra Kumar @ Shailendra v. The State Of Bihar And ORS

Patna High Court CWJC No.8845 of 2016 dt.04-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8845 of 2016 =========================================================== Shailendra Kumar @ Shailendra, Son of Shiv Prasad Roy, Resident of H. No. 554, Road No. 29, East Nehru Nagar, P.S.- Patliputra, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar, through Secretary, Department of Finance, Government of Bihar, Patna.

2. The State Bank of India, Raja Bazar, Shiekhpura, Patna through its Branch Manager.

3. The Branch Manager, the State Bank of India, Raja Bazar, Sheikhpura, Patna.

4. The Authorised Officer, State Bank of India, Retail Assets Central Processing Centre (RACPC), 1st Floor, Patna Main Branch Building, Patna-1.

5. The Asst. General Manager, State Bank of India, RACPC, 1st Floor, Patna Main Branch Building, Near Gandhi Maidan Patna-1.

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

For the Petitioner/s : Mr. Lalan Kumar For the Respondent/s : Dr. Anil Kr. Upadhyaya, SC-20 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 04-07-2016 Counsel for the parties are present.

The petitioner prays for damages for the harassment met at the hands of the respondent-Bank and the reason is steps taken by the bank to seize the hypothecated vehicle on failure of the petitioner to repay the loan. Even the cheque issued by the petitioner has bounced. The writ petition is held not maintainable in the circumstances discussed and the petitioner if so advised can take recourse to the civil law remedy as may be available to him in law for espousing his claim.

The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/- NAFR CAV DATE Uploading Date 05-07-2916 Transmission Date