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Patna High CourtCWJC/21288/2021disposed

Jai Prakash Hotel And Resorts Pvt. Ltd. v. The Chairman, Bank Of India

2022-08-25The Chief Justice -,Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21288 of 2021 ====================================================== Jai Prakash Hotel and Resorts Pvt. Ltd. a company incorporated under the Companies Act, 1956, having registered office at Hotel Shashi International, Near Bhutan Temple, Bodh Gaya, Police Station- Bodhgaya, District- Gaya, through its Director, Ranvijay Singh @ Ranvijay Kumar Singh, aged about 63 years, Gender- Male, Son of Late Jai Prakash Narayan Singh, Resident atBodh Gaya, Police Station- Bodhgaya, District- Gaya. ... ... Petitioner/s

Versus

1.

The Chairman, Bank of India Star House, C-5 G Block, Block, Banndra Kurla Complex, Bandra East, Mumbai.

2.

The General Manager, BOI, Recovery Department, Bank of India, Dak Bunglow Road, Patna.

3.

The Zonal Manager, BOI, Recovery Department, Bank of India, R.Block, Chauraha, Near Chanakya Hotel, Chankya Tower, Patna. 4.

The Deputy Zonal Manager, BOI, Recovery Department, Bank of India, R.Block, Chauraha, Near Chanakya Hotel, Chankya Tower, Patna. 5.

The General Manager, Recovery Department, Bank of India, NBG Bihar, 3rd Floor, Uday Bhawan, Dak Bunglow Road, Patna. 6.

The Chief Manager, CMRD, Bank of India, Patna. 7.

The Senior Brnach Manager, A.N. Puri Colony, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Singh, Advocate For the Respondent/s :

Mr.Sanjay Singh Thakur, Advocate Mr.Ajit Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 25-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- (i) For issuance of Writ/Writs, Order/Orders, Direction/Directions, particularly a writ in the nature of certiorari, for quashing the letter reference No. BOI/ANP/RK/21-22 dated 02.12.2021, issued under

Patna High Court CWJC No.21288 of 2021(3) dt.25-08-2022 2/3 the signature of respondent No.7, whereas and where under he rejected the claim for extending the period of OTS Scheme for further period of Six months, which is in pursuant the Bank of India Circular No. 115, dated 28.04.2021, which is applicable to all the branches of the respondent Bank.

(ii) For issuance of Writ/Writs in the nature of mandamus directing and commanding the respondents to act according to the circular issued by the Bank and further directed to extend the OTS Scheme period (iii) For issuance of direction/directions upon the respondents not to harass the petitioner, who is a bonafidy creditors, loanee, and also to act reasonably, legally like a State.

(iv) Or any other/others relief/reliefs, as the petitioner is found entitled in the present facts and circumstances of the case.

Learned counsel for the respondents, under instructions, states that the present petition has become infructuous, inasmuch as the amount stands repaid and the account closed.

Statement accepted and taken on record.

In view of the above, the present petition stands disposed of reserving liberty to the petitioner to approach this Court on the same and subsequent cause of action, should the need so arise subsequently.

Interlocutory application(s), if any, shall stand

Patna High Court CWJC No.21288 of 2021(3) dt.25-08-2022 3/3 disposed of.

(Sanjay Karol, CJ) ( Satyavrat Verma, J) Rishi/- U