M/S Pramod Mini Rice Mill, v. South Bihar Gramin Bank
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20072 of 2021 ====================================================== 1.
M/S Pramod Mini Rice Mill, through its Proprietor namely Pramod Kumar Singh @ Pramod Kumar, son of Sri Om Prakash Singh, resident of Bishun Bigha, P.O.-Tengda, P.S.-Barun, District-Aurangabad, Pin-824112. 2.
Pramod Kumar Singh @ Pramod Kumar, son of Sri Om Prakash Singh, Proprietor of M/S Pramod Mini Rice Mill, resident of Bishunbigha, P.O.- Tengda, P.S. Barun, District-Aurangabad, Pin-824112. ... ... Petitioner/s
Versus
1.
South Bihar Gramin Bank through the Zonal Manager, Bihar at Patna. 2.
Zonal Manager, South Bihar Gramin Bank, Bihar at Patna. 3.
Regional Manager, Madhya Bihar Gramin Bank now called as South Bihar Gramin Bank, Near Mrignaini Hotel, Maharajganj Road, Aurangabad, Pin824101. 4.
Authorised Officer, Madhya Bihar Gramin Bank now called as South Bihar Gramin Bank, Near Mrignaini Hotel, Maharajganj Road, Aurangabad, Pin824101. 5.
The Branch Manager, Madhya Bihar Gramin Bank now called as South Bihar Gramin Bank, Near Mrignaini Hotel, Maharajganj Road, Aurangabad, Pin-824101.
6.
The State of Bihar through the District Magistrate-cum-Collector, Aurangabad, District-Aurangabad.
7.
District Magistrate-cum-Collector, Aurangabad, District-Aurangabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumeet Kumar Singh, Advocate For the Respondent/s :
Mr. Raghwendra Kumar ( SC 22 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-12-2022 Error, typographical in nature, in our order dated 24.11.2022 is corrected. The next date of listing be read as 15.12.2022 instead of 15.1.2023.
Patna High Court CWJC No.20072 of 2021 dt.15-12-2022 2/3 Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):- "I. That the present application is being filed in the nature of Certiorari for quashing the order dated 11.10.2021 issued by the District Magistrate cum Collector, Aurangabad of order of sealing dated 11.10.2021 bearing memo no 6134 to seal the property of the petitioner on 26.10.2021; on the ground that the entire loan amount at the time on NPA was of R.8,28,764.40 and the petitioner has already paid a sum of Rs. 5,00,000/- out of the said mount and there is only an outstanding dues of Rs. 3, 28,742/- and the petitioner is ready to settle the matter through one-time settlement scheme;
II. That the present writ application is being filed in the nature of mandamus for a direction to the Zonal Manager, South Bihar Gramin Bank, Patna to look into the entire issue bearing Account Number71288700001323 which has become NPA in the year of 2018 under one-time settlement scheme; III. For any other relief/Reliefs for which the petitioner is entitled for."
In view of the fact that Debts Recovery Tribunal is now functional, learned counsel for the petitioners, under instructions, seeks permission to withdraw the present petition
Patna High Court CWJC No.20072 of 2021 dt.15-12-2022 3/3 reserving liberty to take recourse to such other appropriate remedies, as are otherwise available, in accordance with law. Permission granted.
As and when any such request is made by the petitioners before the Tribunal or the respondent-bank, the same shall be considered and decided expeditiously. Shri Raghwendra Kumar, SC 22, states that if the petitioners were to approach the Tribunal within a period of four weeks from today, the issue of limitation shall not be allowed to come in the way of its adjudication on merits. Statement accepted and taken on record.
The petitions stand disposed of as withdrawn with the liberty aforesaid.
Interlocutory application(s), if any, shall also stand disposed of.
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