Divya Pratap Singh Dev v. The Chief Manager, Central Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22781 of 2019 ====================================================== Divya Pratap Singh Dev S/o Ashok Kumar Singh Dev, Resident of Mohalla530 A/1, Jai Mahavir Colony, Sandalpur Devi Sthan, P.S.-Sultanganj, DistrictPatna. ... ... Petitioner/s

Versus

1.

The Chief Manager, Central Bank of India Pawapuri Vihar Building, NH-28, Bhagwanpur, Muzaffarpur.

2.

The Branch Manager, Central Bank of India Rajendra Nagar Branch, P.S. -Kankarbagh, District-Patna.

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Respondent/s :

Mr. Ajay Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-01-2023 Petitioner has prayed for the following relief(s): "(i) The petitioner being the borrower of the respondent Central Bank of India, Rajendra Nagar Branch, Patna is regular in respect of payment of EMI under the loan account, even though, the terms of loan is being violated by the respondent bank imposing heavy cost and charges in lieu of correspondence made by the bank like the characters of the 'merchant of venice' and such act of the respondent bank may be restrained forthwith.

(ii) The petitioner further prays for direction to the respondent bank, Central Bank of India, Rajendra Nagar Branch, Patna to act in accordance with the agreed terms and conditions of

Patna High Court CWJC No.22781 of 2019 dt.02-01-2023 2/3 the sanctioned and disbursement of the loan amount and not to lockup the premises of the petitioner which has been pledged as equitable mortgage of land and building bearing deed no. 13060, dated 17.11.2006 in the name of Smt. Soni Kumari situated at Khata No. 293, Khesra No. 442, Thana No. 11, Tauzi No. 303, Ward 15/21/36, Circle No. 54, Seat No. 125, Plot No. 3210, Mauza Sandalpur, P.S. Sultanganj, Area 5 decimal, District - Patna at the hands of the mussels man snatcher and pooling agency of the respondent bank.

(iii) The respondent Central Bank of India, Rajendra Nagar Branch, Patna may be restrained from the nafferious activities taking law of the lands in their hands and imposing in admissible charges not permissible in the eye of law.

(iv) The petitioner further prays before this Hon'ble court for any appropriate writ or writs, rule or direction as this Hon'ble Court may found fit and proper to the facts and circumstances of the case as well as for which the petitioner may be found entitled thereto."

Leaving the issue of maintainability open, as jointly prayed by the learned counsel for the parties, petition is disposed of, reserving liberty to the petitioner to approach respondent No. 2, namely The Branch Manager, Central Bank of India, Rejendra Nagar Branch, P.S.- Kankarbagh, DistrictPatna, submitting his proposal for settlement of account.

Patna High Court CWJC No.22781 of 2019 dt.02-01-2023 3/3 Liberty, as prayed for, is granted.

As and when any request is made, the same shall be decided expeditiously, in accordance with law, preferably within a period of four weeks.

Petition is disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Saurabh/K.C.Jha AFR/NAFR CAV DATE Uploading Date 04.01.2023 Transmission Date