Dismissed

Uttam Kumar Choudhary v. The Bihar State Financila Corporation and Anr.

Patna HC12 Mar 2014MJC/4818/2013

Case brief

AI extract

What is this about?

This is an oral order where the petitioner alleged willful violation of a previous court order by the respondents. The Court examined the submissions and facts, concluded that a case for violation was not made out, and dismissed the contempt application.

What did the court decide?

Contempt application dismissed; liberty granted to assail the action of respondents before appropriate authority.

Uttam Kumar Choudhary Vs The Bihar State Financila… — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4818 of 2013

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Civil Writ Jurisdiction Case No. 1368 of 2013

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====================================================== Uttam Kumar Choudhary Son Of Late Bijendra Nath Choudhry Resident Of Village - Pakri Bazar, P.O. - Bhaiopur, P.S. - Biddupur, District - Vaishali.

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.... .... Petitioner/s Versus 1. The Bihar State Financial Corporation, Patna, Its Managing Director, Namely Pardeep Kumar, Father's Name Not Known.

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The Branch Manager, Namely Pankaj Kumar Jha, Father's Name Not Known Bihar State Financial Corporation, Patna Patna Branch, Indira's Bhawan, 5th Floor, Patna.

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.... .... Respondent/s

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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2 12-03-2014 Heard the parties.

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The application alleges wilful/deliberate disregard/violation of the order dated 30072013 passed in CWJC No. 1368 of 2013 (Annexure-1). Since the petitioner is raising a grievance that the said order has been wilfully /deliberately disobeyed/violated by the opposite parties, this Court would extract the relevant part/portion thereof which reads thus:-

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Learned counsel for the petitioner states that the petitioner would deposit a sum of Rs. 2,50,000/within three weeks and approach the Managing Director of the Corporation seeking relief in knocking off part of the dues. In my view, the aforesaid stand taken by the petitioner seems to be just and proper. Mr. Prasad learned counsel for the Corporation has stated that till date the Corporation has not taken any coercive step in the matter. If the petitioner approaches the Managing Director of the Corporation after deposit of the

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Patna High Court MJC No.4818 of 2013 (2) dt.12-03-2014

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aforesaid amount the Respondent Corporation shall consider the said application in accordance with law. The application is disposed of.

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It is stated that the petitioner prepared a draft dated 16.08.2013 for a sum of Rs. 2,50,000/- and the same was tendered to the Managing Director but was refused. He was also given to understand that in the meanwhile the property was auction sold on 08.08.2013. It has thus been submitted that the opposite parties have wilfully/deliberately disobeyed/violated the order of this Court.

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Learned counsel for the opposite parties, on the other hand, states that there is no assertion that upon refusal the said amount was deposited in the account of the respondent Corporation or any application in this regard was filed. On the date when the order was passed no step for auction was held. Even if that was held on 08.05.2013 as per clause 13 thereof the petitioner/promoter was required to pay off the dues. No effort appears to have been made by the petitioner in this regard.

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Be that as it may, considering the order passed on the writ petition and the facts stated in the contempt application, I am not satisfied that a case depicting wilful/deliberate violation/disobedience of the order at the hands of the opposite

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Patna High Court MJC No.4818 of 2013 (2) dt.12-03-2014

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parties has been made out.

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The present contempt application is dismissed. The petitioner, however, is granted liberty to assail the action/stand of the respondents before the appropriate authority/forum in accordance with law. (Kishore Kumar Mandal, J)

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HR/-

Uttam Kumar Choudhary v. The Bihar State Financila Corporation and Anr.

Case brief

What is this about?

What did the court decide?

Uttam Kumar Choudhary v. The Bihar State Financila Corporation and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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