Oral order allowing the petitioner-s for retrieving seized documents against depositing outstanding loan dues with the Bank within three weeks. Petitioner agreed to deposit amount before return of originals.
Petitioner to deposit outstanding dues of Rs. 8,22,913/- with the Bank; Bank to return original documents within three weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1207 of 2014
In
Civil Writ Jurisdiction Case No. 16021 of 2013
====================================================== Balmiki Singh Son of Late Brahmdeo Singh Resident of Mohalla Ratanpur, Police Station- Town, District- Begusarai. .... .... Petitioner/s Versus 1. Mr. Rakesh Sharma S/o Not Known The Chief General Manager Local Head Office, Gandhi Maidan, Patna. 2. Navin Chandra Ratilal Parmar S/o Not Known The General Manager State Bank Of India Local Head Office, Gandhi Maidan, Patna. 3. Mr. Pankaj Kumar S/o Not Known The Chief Manager Agricultural Development Branch ( Adb), State Bank of India, Begusarai. 4. The Union of India. 5. The S.P. CBI, ACB, Patna.
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agarwal : Mr. Saket Tiwary For the S.B.I. : Mr. Kaushlendra Kumar Sinha For the CBI. : Mr. Sanjay Kumar, SC, CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
7 20-01-2016 Heard Mr. Agarwal counsel for the petitioner, Mr. K. K. Sinha for the SBI and the counsel for the CBI. It is stated that the document, in original, relating to the petitioner is still in possession of the Bank. There is agreement at Bar that if the petitioner satisfies the outstanding dues of the Bank, the document in original shall be returned. In the counter affidavit filed by the respondent-Bank, it has been stated that as on the date of filing the counter affidavit sum of Rs. 8,22,913/- was outstanding against the petitioner. Mr.
Patna High Court MJC No.1207 of 2014 (7) dt.20-01-2016
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Agarwal has submitted that the aforesaid amount shall be deposited within one month with the Bank. The CBI has also taken stand that the documents of the petitioner were not seized by the CBI.
If that be so, then this Court directs the respondentBank to return the document, in original, retained by the Bank in favour of the petitioner within three weeks from the date the petitioner pays off the dues of the Bank amounting to Rs. 8,22,913/-.
The application is disposed of with the aforesaid observation/direction.
s
(Kishore Kumar Mandal, J)
HR/-
U
1 issue framed by the court
Whether the petitioner shall be directed to pay outstanding dues to the Bank to secure return of seized documents.
Balmiki Singh
Mr. Rakesh Sharma
The Union of India
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
