Pashupati Cold Storage Private Limited v. The State Bank Of India, And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2135 of 2016 ============================================================ Pashupati Cold Storage Private Limited, through the Director, Sudhir Kumar Singh, Son of Late Ramnagina Singh, Resident of Village- Rupas Mariaili, P.S.- Salimpur, Districts- Patna having its registered office at Vaishnave Bhavan, Bandar Bagicha Dak Bunglow Road, Patna-800001. .... .... Petitioners

Versus

1. The State Bank of India, through its Chief Manager, Specialized Commercial Branch, 3rd Floor, Govind Bhawan, Dak Bunglow Road, Patna-800001.

2. Chief Manager, State Bank of India, through its Chief Manager, Specialized Commercial Branch, 3rd Floor, Govind Bhawan, Dak Bunglow Road, Patna800001.

3. Assistant General Manager, State Bank of India, Local Head Office, Gandhi Maidan, Patna-800001.

.... .... Respondents ============================================================ Appearance:

For the Petitioner : Mr. Anjani Kumar Jha, Advocate For the Respondents : Mr. Mukund Jee, Advocate ============================================================ CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-08-2016 Heard learned counsel for the petitioner and learned counsel for the respondent bank.

2. The present petition has been filed for modification of para 4 of the judgment dated 01.10.2015 passed in CWJC No. 7046 of 2011, inter alia, granting liberty to the petitioners to file a representation before the respondent State Bank of India within a period of six weeks.

3. Learned counsel for the petitioner submits that the writ petition had been filed by the then Director, Mr. Sanjay Kumar Sarkar, who however, ceased as Director of the company with effect from 30.09.2015 and the incoming Directors, Mr. Deepak Singh and Mr.

Patna High Court MJC No.2135 of 2016 dt.10-08-2016 Sudhir Kumar Singh, were unaware of the judgment of this Court until expiry of the time granted for filing the representation.

4. Learned counsel for the respondent State Bank of India appears and has been heard.

5. For the reasons stated in the modification petition, para 4 of the judgment dated 01.10.2015 passed in CWJC No. 7046 of 2011 stands modified only to the extent that the stipulated period of six weeks for filing the representation shall stand extended by a further period of three weeks from today.

6. MJC No. 2135 of 2016 stands allowed.

(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.08.2016 Transmission Date N.A.