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Patna High CourtCWJC/11516/2017disposed

M/S Mother Shakuntala Residential Public School And ORS v. Punjab National Bank And ORS

2018-07-11Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.11516 of 2017 dt.11-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11516 of 2017 ===========================================================

1. M/s Mother Shakuntala Residential Public School through its Director Shri Hari Shanker Singh at Azad Nagar, Bhabhua, District - Kaimur.

2. Shri Hari Shanker Singh Son of Sri Krishna Singh resident of Village - Saraiyan, P.O. Umapur, P.S. - Bhagwanpur, Bhabua, District - Kaimur at present By Pass Road (Bus Stand), Akhlaspur, P.S. Bhabua, District - Kaimur.

3. Smt. Ranju Singh Wife of Sri Hari Shanker Singh resident of Village - Saraiyan, P.O. Umapur, P.S. - Bhagwanpur, Bhabua, District - Kaimur at present By Pass Road (Bus Stand), Akhlaspur, P.S. Bhabua, District - Kaimur. .... .... Petitioners

Versus

1. Punjab National Bank through its Zonal Manager, Patna.

2. The Authorized Officer, Punjab National Bank, Circle Office, Arrah.

3. The Authorized Officer, Punjab National Bank, Akorhi (Branch), Mohaniya.

4. The Branch Manager, Punjab National Bank, Bhabua. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjay Singh, Advocate. For the Respondents : Mr. Kumar Priya Ranjan, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 11-07-2018 This matter has been listed out of turn on the request of the petitioner who had filed mentioning slip stating that as against the claim of the Bank of about Rs. 25,00,000/- a payment of about 40%, i.e. about Rs. 9,00,000/- has already been made by the petitioner, yet there is threat of possession being taken.

2. Learned counsel for the Bank states on instruction that the petitioner has admittedly made some payments to the Bank in view of which the Bank does not propose to take coercive measures by resort of SARFAESI action for the time being.

Patna High Court CWJC No.11516 of 2017 dt.11-07-2018

3. In the above view of the matter, the writ petition stands disposed of with liberty to the petitioner to approach once again if the situation so arises.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.07.2018 Transmission Date N.A.