The High Court permitted the withdrawal of a writ application seeking mandamus to operate a loan account and stay a SARFAESI Act notice, noting the petitioner has no liberty to approach the court again for the same cause.
Permission granted to withdraw the writ application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17226 of 2014
======================================================
Ritesh Anand s/o Santosh Kumar, r/o Mohalla Sultanganj Ashok Raj Path, P.S. Sultanganj, District Patna.
.... .... Petitioner/s
Versus
1.The Chairman Central Bank of India, Head Office-Chaner Mukhi Nariman Point, Mumbai-400021.
2.The Zonal Manager, Central Bank of India, Maurya Lok complex Patna. 3.The Regional Manager, Maurya Lok complex Patna.
4.The Branch Manager, Central Banka of India, ‘Naya Tola Branch’, P.S. Kadam Kuan, District Patna, 800004.
5.Uma Shankar Prasad Sah @ Umesh Kumar, s/o Sri Shiv Shankar Prasad, r/o Mohalla Sultanganj Ashok Raj Path, P.S. Sultanganj, District Patna.
6.Vijay Shankar Prasad, s/o Sri Shiv Shankar Prasad, r/o MOhalla sultanganj Ashok Raj Path Main Road, P.s. Sultanganj, District Patna.
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sarvan Kumar, Adv For the Respondent/s : Mr. Ajay Kumar Sinha, Adv & Mrs. Manju Jha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
2 15-10-2014 After some arguments, learned counsel for the
petitioner seeks permission to withdraw this application
in which following prayer has been made:-
“For issuance of an appropriate writ in the nature of writ of Mandamus for commanding and directing the Respondents to grant permission to the petitioner to operate the loan Account No. 3063793040 and to stay the notice under Section 13(1) of the SARFAESI Act (Annexure-2).
For issuance of an appropriate writ in the nature of Mandamus for commanding and directing the Respondents No. 1 to 4 to withhold of mortgaged property of Respondents No. 5 and 6 guarantors of the loan Account subject to the result of T.P.S. No. 225/12, pending in the Court of learned Sub-Judge-II, Patnacity, Patna.”
That being so, this Court would, accordingly,
Patna High Court CWJC No.17226 of 2014 (2) dt.15-10-2014
2
permit the petitioner to withdraw this writ application but it is also made clear that now the petitioner will have no liberty to move this Court again for the same cause of
action.
(Mihir Kumar Jha, J)
Ranjan/-
U
Ritesh Anand s/o Santosh Kumar
The Chairman Central Bank of India
The Zonal Manager Central Bank of India
The Regional Manager
The Branch Manager Central Bank of India
Uma Shankar Prasad Sah @ Umesh Kumar
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
