Patna High CourtCWJC/13009/2012disposed

M/S Prabhu Trading Co. And ORS v. Branch Manager And ANR

2016-08-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13009 of 2012 =========================================================== M/s Prabhu Trading Co. through its Proprietor at Pethia Bazar, Near Kali Mandir, P.O & P.S- Danapur, District - Patna. .... .... Petitioner

Versus

1. Branch Manager, Central Bank of India Danapur Branch, Patna.

2. Regional Manager, Central Bank of India, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Daya Shanker Prasad, Mr. Niranjan Kumar, Advocates For the Respondents : Mr. Ajay Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-08-2016 Heard learned counsel for the petitioner and learned counsel for the respondent-bank.

2. The present writ petition has been filed being aggrieved by the action of the respondent-bank which after, having participated in the consented award passed by the Special Lok Adalat dated 22.02.2011 and issued a no dues certificate dated 30.06.2011, has later on, by its letter dated 10.09.2011, withdrawn the no dues certificate.

3. Learned counsel for the petitioner submits that the action of the respondent-Bank is wholly arbitrary and the no dues certificate already issued could not have been withdrawn in view of the award of the Special Lok Adalat.

4. Learned counsel for the respondent-bank has now filed a counter affidavit, paragraph 4 whereof discloses that a decision has

Patna High Court CWJC No.13009 of 2012 dt.26-08-2016 2/2 been taken to issue the no dues certificate and release the securities to the owner.

5. Having regard to the stand of the respondent-bank and without going into the detail of the merits of the matter, the writ petition stands disposed with a direction to the respondent-bank to issue the no dues certificate and release the securities after due verification of the ownership expeditiously and in any event within a period of three weeks from the date of receipt/production of a copy of this judgment.

6. The writ petition accordingly stands disposed of. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N/A Uploading Date 26.08.2016 Transmission Date N/A