Patna High CourtMJC/2609/2022dismissed

M/S Milan Enterprises v. Sri Dinesh Kumar Khar

2023-05-17Mr. Justice P. B. Bajanthri,Mr. Justice A. Abhishek Reddy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2609 of 2022 In Civil Writ Jurisdiction Case No.12934 of 2022 ====================================================== M/s Milan Enterprises Dariyapur, Bari Road, Patna- 800004, through its Proprietor Md. Naseem, aged about 67 years (M), Son of Late Abdul Shakoor. ... ... Petitioner/s

Versus

Sri Dinesh Kumar Khar Son of- Not Known Chairman, State Bank of India, State Bank Bhawan, Madame Cama Marg, Mumbai- 400021. 2.

Sri Deepak Kumar Abhishek, S/o- Not known, Regional Manager, State Bank of India, Regional Business Office 1, Administrative Office, J.C. Road, Patna- 800001.

Sri Raju Kumar Mandal, S/o- Not known, Chief Manager, State Bank of India, Govind Mitra Road Branch, Govind Mitra Road, P.S.- Pirbahore, Patna- 800004.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Binay Kumar Singh, Advocate.

For the State :

Mr. Binod Bihari Sinha, Advocate.

For the S.B.I.

Mr. Sanjay Singh Thakur, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 17-05-2023 The petitioner has filed the present contempt petition for non-compliance of the order dated 14.09.2022 passed in C.W.J.C. No. 12934 of 2022.

2. This Court while deciding the aforementioned petition passed following orders, extract of the order is reproduced hereunder:

"In view of the statement made on behalf of the respondent Bank, the present petition stands

Patna High Court MJC No.2609 of 2022(3) dt.17-05-2023 2/2 disposed of. However, no coercive action shall be taken against the petitioner till the decision is taken on the petitioner's request.

Interlocutory Application(s), if any, shall stand disposed of."

3. Perusal of the aforesaid order of this court, the respondents have not taken any coercive steps so as to initiate contempt proceedings against the respondents. Therefore, the present contempt petition is not maintainable.

4. Accordingly, the contempt petition stands dismissed reserving liberty to the petitioner in the event of taking any coercive steps by the respondents, he is permitted to file fresh MJC.

(P. B. Bajanthri, J) ( A. Abhishek Reddy , J) shakir/- U