Aliza Engineering And Construction Pvt. Ltd., v. Dakshin Bihar Gramin Bank,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16825 of 2024 ====================================================== 1.

Aliza Engineering and Construction Pvt. Ltd., having its registered office at C/o Md. Azad Khan, Village- Panch Pewandi, P.O.- Khadauli, P.S.- Chenari, District- Rohtas, through its Directors namely. Shahid Khan (Male) aged about 38 years, Son of Md. Azad Khan, Resident of Village- Khadauli, P.O. and P.S.- Chenari, District- Rohtas.

2.

Aliza Engineering and Construction Pvt. Ltd., having its registered office at C/o Md. Azad Khan, Village- Panch Pewandi, P.O.- Khadauli, P.S.- Chenari, District- Rohtas, through its Directors namely. Md. Mojahid (Male) aged about 28 years, Son of Md. Azad Khan, Resident of Village- Khadauli, P.O. and P.S.- Chenari, District- Rohtas.

... ... Petitioner/s

Versus

1.

Dakshin Bihar Gramin Bank, through its Zonal Manager, Bihar. 2.

Dakshin Bihar Gramin Bank, through its Chairman, Bihar. 3.

The Branch Manager of Dakshin Bihar Gramin Bank, Branch- Banauli, District- Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awnish Kumar, Advocate For the Respondent/s :

Mr.Suresh Pd Singh No.1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-11-2024 The present writ petition has been filed seeking the following reliefs:- "1. I. For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent no.1 for refund/credit of the amount in question, in the account of the petitioner company, which was illegally withdrawn on several dates by one Barkat Ali Khan, in collusion with Respondent no.2, even after the

Patna High Court CWJC No.16825 of 2024(2) dt.11-11-2024 2/3 resolution passed in the Board of Director's meeting of the petitioner company on 15.03.2024, removing Barkat Ali Khan as the authorized signatory, was served upon the Respondent Bank and received by the Respondent no.2 on 18.03.2024.

ΙΙ. For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent no.1 to take suitable/appropriate action against Respondent no.2, who in collusion with one Barkat Ali Khan, has caused loss to the petitioner company of approx Rs. 20 lakh.

III. For a declaration that denial of the concerned Branch of the Respondent Bank to provide bank statement to the petitioner company, of an account maintained by it, with the aforesaid bank, amounts to dereliction in the services and after such declaration, the Respondent Bank may be directed to pay suitable / appropriate compensation to the petitioner's company for the inconvenience caused to the company in the management of the affairs of its business."

2.

At the outset, the learned counsel for the petitioners seeks not to press the present writ

Patna High Court CWJC No.16825 of 2024(2) dt.11-11-2024 3/3 petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U