M/S Silkos And ORS v. The State Bank Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16311 of 2015 ======================================================

1. M/s Silkos, a partnership firm having its office at 46B Rafi Ahmad Kidwai Road, fifth Floor Calcutta through one of its partners Mr. Rajesh Kumar Drolia.

2. Ms. Basuki Exports, a partnership firm having its office at 46 'B' Rafi Ahmad Kidwai road fifth floor Calcutta through one of its one of the partners Mr. Rajesh Kumar Drolia.

3. Mr. Rajesh Kumar Drolia, son of Late Raj Kumar Drolia one of the partners of both the firms M/s Silkos and M/s Basuki Exports, Petitioner no - 1 and 2 respectively resident of lower Nath Nagar road, P.S. - Kotwali District - Bhagalpur, Bihar.

.... .... Petitioner/s

Versus

1. The State Bank of India Main Branch Bhagalpur through its the Chairman.

2. The Branch Manager State Bank of India Main Branch Bhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Pratap Singh For the Respondent/s : Mr. Kaushlendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-08-2016 This matter has been listed at the instance of learned counsel for the petitioners who seeks some modification in the order dated 3.5.2016 whereby his prayer for withdrawal was accompanied with a liberty to move again if the occasion would so arise. Mr. Gajendra Pratap Singh, learned counsel appearing for the petitioners submits that the liberty granted to the petitioners has become an impediment to the settlement as the Bank is objecting to the liberty so prayed.

Counsel for the Bank on the other hand informs that the settlement was worked out on the understanding that both the

Patna High Court CWJC No.16311 of 2015 (5) dt.03-08-2016 parties i.e. the Bank and the petitioners, would withdraw their respective cases from forums where they were pending. Such submission is made on oral instruction received by learned counsel.

In view of the submissions so advanced by the parties contesting, that the order dated 3.5.2016 is modified to read as under:

"As prayed by the counsel for the petitioners, the writ petition is dismissed as withdrawn."

The order dated 3.5.2016 stands modified to the aforementioned extent and shall be deemed to have been pronounced as such.

(Jyoti Saran, J) SKPathak/- U