Ganesh Prasad v. The Central Bank Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3667 of 2023 In Civil Writ Jurisdiction Case No.10548 of 2022 ====================================================== Ganesh Prasad S/o Jagannath Prasad, R/o Mona Mohalla, Chhapra, P.O.- Chhapra, P.S.- Chhapra, Saran, Bihar, 841301. ... ... Petitioner/s
Versus
1.
The Central Bank of India through its Authorized Officer, Central Bank of India, Bhagwan Bazar, Branch, Hathua Market, Chappra, 841301. 2.
Mr. Pradeep Kumar, the Authorized Officer, Central Bank of India, Bhagwan Bazar, Branch Hathua Market, Chappra, 841301. 3.
Mr. Vikas Kumar, the Regional Manager, Central Bank of India, Regional Office, Siwan Near Head Post Office, Siwan, 841226. 4.
Mr. Srikant Saroj, the Branch Manager, Central Bank of India, Bhagwan Bazar Branch, Hathua Market, Chappra, 841301. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachin Kumar, Advocate Mr. Abhishek Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Raj Nandan Prasad, Advocate Mr. Vishesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 15-01-2024 The present MJC contempt petition is filed for noncompliance of the order dated 11.08.2022 passed in CWJC No. 10548 of 2022.
2. The concerned authority was required to comply the
Patna High Court MJC No.3667 of 2023(2) dt.15-01-2024 2/3 orders of this Court within a period of four weeks from 11.08.2022. On the other hand, it was not considered and in result the present MJC - contempt petition is filed in the year 2023. The respondents have least bothered to comply the orders of this Court or questioning the validity of the order dated 11.08.2022 or in the alternative seeking extension of time to comply the orders of this Court. On the other hand, they are invoking statutory provision under the SARFAESI Act.
3. In order to meet the compliance of this Court order, the concerned respondent is stated to have passed order on 04.01.2024, which we feel that prima facie there is delay and latches on the part of the respondent in complying the orders of this Court dated 11.08.2022.
4. Having regard to the compliance of the orders of this on 12.01.2024, we are not initiating any contempt of Court proceedings for belated compliance of orders of this Court. On the other hand, it suffice to impose cost of the litigation and it is quantified at Rs. 5,000/-. Cost of Rs. 5,000/- shall be paid to the petitioner within a period of eight weeks from the date of receipt of this order reserving liberty to the petitioner to assail the order dated 12.01.2024 in accordance with law and before appropriate forum, if it is so advised.
Patna High Court MJC No.3667 of 2023(2) dt.15-01-2024 3/3
5. With the aforesaid the present MJC - contempt petition stands disposed of.
(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) saurabhkr/- U