Allowed

Manju Devi v. The State of Bihar

Patna HC10 Feb 2022CWJC/20283/2021

Case brief

AI extract

What is this about?

The Patna High Court permitted the petitioner to approach the Branch Manager of Tata Motors Finance Limited for documents and a One Time Settlement proposal due to the non-functioning of the Debt Recovery Tribunal, while reserving the opinion on the merits.

What did the court decide?

Prayer allowed to approach Respondent No. 3 for documents and One Time Settlement proposal; petition disposed of.

Manju Devi Vs The State of Bihar — Contract and Commercial Disputes | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20283 of 2021

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Manju Devi W/o Late Rajniti Ishwar, R/o Village - Ward No. 2, Bharaul Agapur, P.s.- Mansoorchak, District- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar Patna

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The District Magistrate, Begusarai

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The Branch Manager, Tata Motors Finance Limited, Purnea

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The Branch Manager, Tata Motors Mahakali Motors Private Limited, Katihar

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The Manager, Mahakali Motors Private Ltd., Purnea

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jai Prakash Singh, Advocate Mr. Pankaj Kumar Singh, Advocate For the Respondent/s : Mr. Ajay Kr. Rastogi, AAG-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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(The proceedings of the Court are being conducted by Hon’ble the Chief Justice/ Hon’ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

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Date : 10-02-2022

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Heard learned counsel for the parties.

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Petitioner has prayed for the following relief(s):-

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Patna High Court CWJC No.20283 of 2021 dt.10-02-2022 2/4

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Patna High Court CWJC No.20283 of 2021 dt.10-02-2022 3/4

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We are entertaining the present petition in view of the fact that at this point in time, the Debt Recovery Tribunal is not functional on account of non-appointment of Presiding Officer.

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After the matter was heard for some time, finding the Bench not to be in agreement with the submissions made across the Bar, more so, on the issue of maintainability, learned counsel for the petitioner states that petitioner be permitted to approach Respondent No. 3, namely the Branch Manager, Tata Motors Finance Limited, Purnea for not only obtaining the documents in relation to the Loan Account No. 5003015717 pertaining to the petitioner’s husband, but also submitting a proposal for One Time Settlement.

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Prayer allowed.

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We are sure that as and when any such request is made, the same shall be considered and decided expeditiously, in accordance with law.

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It is made clear that we have not expressed any opinion on merits. All issues are left open.

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Petition stands disposed of in the aforesaid terms.

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Patna High Court CWJC No.20283 of 2021 dt.10-02-2022 4/4

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Interlocutory Application(s), if any, stands

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disposed of.

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(Sanjay Karol, CJ)

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(S. Kumar, J)

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Amrendra/PKP

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AFR/NAFR
CAV DATE
Uploading Date	12.02.2022
Transmission Date

Manju Devi v. The State of Bihar

Case brief

What is this about?

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Manju Devi v. The State of Bihar

Case brief

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