Disposed

Akhilesh Pd. Singh v. Hief General Manager State Bank Of India and Ors.

Patna HC7 Sept 2012CWJC/16670/2012

Case brief

AI extract

What is this about?

Petitioner sought early decision on a bank certificate proceeding to determine payment liability. Court directed Certificate Officer to dispose of objections under Section 9 within four months. Bank restrained from coercive action if petitioner attends each proceeding date.

What did the court decide?

Direction to Certificate Officer to dispose of objection under Section 9 within four months; Bank restrained from coercive action if petitioner attends all dates.

Akhilesh Pd. Singh Vs Hief General Manager State Bank Of… — Banking and Recovery | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.16670 of 2012

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====================================================== Akhilesh Pd. Son of Late Ranjit Singh, resident of village- Balbhadra Patti, P.S.- Uchkagaon, District- Gopalganj, Proprietor of M/S Pawan Oil Mills, Mirganj, Gopalganj. .... .... Petitioner/s Versus 1. Chief General Manager, State Bank of Inida, Local Head Office, Patna. 2. Chief Manager, Regional Business Office, S.B.I., Bettiah, P.O. Bettiah, P.S.- Bettiah District- Bettiah. 3. Brach Manager, State Bank of India, Mirganj Branch, Gopalganj. .... .... Respondents/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Mritunjay Narain For the Respondent/s : Mr. Kaushlendra Kumar Sinha Mr. Anjani Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 07-09-2012 Learned counsel for the petitioner submits that a direction may be issued to Certificate Officer to decide the proceeding at an early date, so that the petitioner may come to know as to what amount is to be paid to the Bank. Learned counsel for the Bank has no objection. In the circumstances, the writ application is disposed of with a direction to the Certificate Officer, Gopalganj to consider his objection filed under section 9 of the Bihar and Orissa Public Demand Recovery Act and dispose of Certificate Proceeding finally within four months positively from the date of

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Patna High Court CWJC No.16670 of 2012 (2) dt.07-09-2012

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2 / 2

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receipt/production of this order of the Court.

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Learned counsel for the petitioner submits that the Bank is taking action against the petitioner pursuant to orders passed in the proceeding. He submits that Bank may be restrained from taking any action against the petitioner, in the meantime in the proceeding in which the petitioner shall cooperate.

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It is observed that if the petitioner appears in Certificate proceeding on each and every date, Bank shall not take any coercive action against them.

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(Jayanandan Singh, J)

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Sudha/-

Akhilesh Pd. Singh v. Hief General Manager State Bank Of India and Ors.

Case brief

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What did the court decide?

Akhilesh Pd. Singh v. Hief General Manager State Bank Of India and Ors.

Case brief

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What did the court decide?

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