Munna Singh @ Munna Mehta v. The Regional Manager, Bank Of Baroda, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3395 of 2017 IN Civil Writ Jurisdiction Case No. 14009 of 2017 =========================================================== Munna Singh @ Munna Mehta, son of late Vijyamal Singh, (Proprietor of M/S Shree Krishna Mill, Beda), Post Office Moresarai, P.S. Shiv Sagar, District Rohtas .... .... Petitioner/s

Versus

1. The Regional Manager, Bank of Baroda, Bihar, Patna

2. The Deputy General Manager, Bank of Baroda, Bihar, Patna

3. The Chief Manager, (Authorized Officer) Bank of Baroda, Sasaram

4. The Branch Manager, Bank of Baroda, (Main Branch), Sasaram .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sandip Singh For the Bank : Mr. Vivek Prasad =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 11-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Earlier the petitioner has moved before this Court and this Court vide order dated 18.10.2017 passed in C.W.J.C. No. 14009 of 2017 disposed of the writ petition with the conditions that in what manner the outstanding dues against the petitioner would be liquidated along with interest and this Court has directed to make payment of Rs.10 lacs by 6th November, 2017 but he failed to make payment.

Learned counsel for the petitioner submits that after expiry of the period petitioner has approached to the Bank for payment of Rs.10 lacs but the Bank has refused to accept the same whereas counter allegation has been made by the Bank that he

Patna High Court MJC No.3395 of 2017 dt.11-12-2017 used to create nuisance and wants to settle the dispute with muscle power. If that be so the Bank will be at liberty to take suitable action against the petitioner. The petitioner does not have authority to enter into premises of the Bank and give threat to the Manager and staffs.

Today the petitioner has produced a cheque of Rs.10 lacs of Canara Bank dated 22.11.2017 which has been executed by Prem Shila Devi claims to be wife of the petitioner for Sri Krishna Mill in the loan account. This cheque is being handed over to the learned counsel for the Bank but this Court makes it clear that the petitioner will make rest payment in terms of the judgment dated 18.10.2017 passed in C.W.J.C. No. 14009 of 2017. If he fails to make payment as per direction of this Court the Bank will be at liberty to proceed and realize the money, If the amount is credited to the loan account the Bank would unseal the premises but always subject to payment of rest amount. With the aforesaid observation and direction this application is disposed of.

Vinay/- (Shivaji Pandey, J) AFR/NAFR NAFR CAV DATE NA Uploading Date12.12.2017 Transmission Date NA