In two writ petitions, the Patna High Court observed that petitioners should apply to the District Magistrate, Aurangabad, under the Bihar Protection of Interest of Depositors Act, 2002. Directions were issued for the competent authority to act expeditiously.
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.6051 of 2015
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Sunil Kumar Gupta Son of Late Moti Saw, Resident of Village- Simra, P.O. Khadoha, P.S. Simra, District- Aurangabad Bihar.
... ... Petitioner/s
Versus
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 6337 of 2015
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Ritesh Kumar @ Amit Kumar Son of Sri Suresh Singh Resident of village - Jangi Bigha, P.O. and P.S. Barun, District - Aurangabad Bihar
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 6051 of 2015) For the Petitioner/s : Mr.Amarendra Kumar Singh For the Respondent/s : Mr.Sc21- Kumar Manish Mr. Prashant Kumar
Patna High Court CWJC No.6051 of 2015(4) dt.08-12-2022 2/3
For the Amicus : Mr. Shri Chittranjan Sinha For the RBI : Mr. Amit Prakash, Advocate (In Civil Writ Jurisdiction Case No. 6337 of 2015) For the Petitioner/s : Mr.Amarendra Kumar Singh For the Respondent/s : Mr.Anil Kr Uapdhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
4 08-12-2022
Heard the parties including Advocate for the Reserve Bank of India, Shri Amit Prakash and Shri Chittranjan Sinha, Senior Advocate who appears as Amicus in this case.
The petitioner, after some argument, has convinced himself to move the authorities for appropriate directions under “The Bihar Protection of Interest of Depositors (In financial establishments), Act 2002” as amended in 2013 (Hereinafter referred to as the ‘Act’). If such an application is filed before the competent authority, then competent authority will Act in the matter expeditiously and will pass an order within a week of the application being filed by the petitioners before the competent authority and if he finds substance in the complaint of the petitioners, then he will proceed in the matter under the Act and take all the possible steps as provided under the Act.
It has been pointed out by the learned counsel for the petitioners that in this case, the competent authority is the District Magistrate, Aurangabad, and therefore, it is observed that the aforesaid directions as given above will be complied by the District Magistrate, Aurangabad.
Patna High Court CWJC No.6051 of 2015(4) dt.08-12-2022 3/3
With the aforesaid observations and direction, this
application is disposed of.
(Sandeep Kumar, J)
Sunnykr/-
U
1 issue framed by the court
Whether the petitioners can seek directions for expeditious action by competent authority under The Bihar Protection of Interest of Depositors Act, 2002.
1 provisions across 1 enactments
Sunil Kumar Gupta
Ritesh Kumar @ Amit Kumar
The State Of Bihar
The Reserve Bank of India, Bihar Region
The Union of India
Shane Ahmad Warsi
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
