Dismissed

Rama Singh v. Regional Head, Regional Office, Union Bank of India

Patna HC26 Jul 2022CWJC/8795/2021

Case brief

AI extract

What is this about?

The High Court of Patna dismissed a writ petition seeking reliefs in a bank merger/mortgage dispute, granting liberty to the petitioner to raise all issues before the Debt Recovery Tribunal and continuing an interim protection order temporarily.

What did the court decide?

Petition disposed with liberty to raise issues before the Debt Recovery Tribunal; interim order continued for two weeks.

Rama Singh Vs Regional Head, Regional Office… — Civil Procedure and Limitation | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8795 of 2021

¶2

======================================================

¶3

Rama Singh Wife of Sri Bhuwaneshwar Singh, resident of Mohalla-Senha, Police Station-Barhara, present Police Station-Krishnagarh, District-Bhojpur at Ara, at present residing at C/51, Indrapuri Colony, near Shakur Colony Maszid, Ram Nagari More, P.S.-Shastrinagar, District-Patna-800025.

¶4

... ... Petitioner/s

¶5

Versus

¶6

Regional Head, Regional Office, Union Bank of India, Nasheman Bhawan, 1st Floor, Mazhrul Haque Path (Frazer Road), Patna (from whom the Corporation Bank has been merged since 2020).

¶7

The Regional Manager, Regional Office, Corporation Bank (now converted in the Union Bank of India in 2020) Main Road Kankarbagh, (Near Nalanda Medical College and Hospital), P.S. Agamkuan, Patna.

¶8

The Branch Manager, Corporation Bank (now converted in the Union Bank of India in 2020), Malahi Pakri Chowk, Kankarbagh, Patna-800020, P.S. Patrakar Nagar, District-Patna.

¶9

The Chairman, Debts Recovery Tribunal, Patna, Bihar.

¶10

Sunil Kumar Singh, son of Sri Bhuwaneshwar Singh, resident of Sunilam Hospital Pvt. Ltd., Bhootnath Road, P.O.-T.V. Tower, B.H. Colony, P.S.Agamkuan, District-Patna-800026.

¶11

Neelam Verma, Wife of Sunil Kumar Singh, resident of Sunilam Hospital Pvt. Ltd., Bhootnath Road, P.O.-T.V. Tower, B.H. Colony, P.S.-Agamkuan, District-Patna-800026.

¶12

Sanjay Kumar Singh, son of Sri Bhuwaneshwar Singh, resident of MohallaN/701, Chitragupta Nagar, near Munna Chowk, P.S.-Patrakarnagar, DistrictPatna-800020.

¶13

Manoj Kumar, son of Sri Bhuwaneshwar Singh, resident of Mohalla-C/51, Indrapuri Colony, near Shakur Colony Maszid, Ram Nagari More, P.S.Shastrinagar, District-Patna-800025.

¶14

Sushant Kumar Singh, son of Sri Bhuwaneshwar Singh, resident of MohallaC/51, Indrapuri Colony, near Shakur Colony Maszid, Ram Nagari More, P.S.-Shastrinagar, District-Patna-800025.

¶15

... ... Respondent/s

¶16

Patna High Court CWJC No.8795 of 2021 dt.26-07-2022 2/4

¶17

====================================================== Appearance : For the Petitioner/s : Mr. Ajay Prasad, Advocate Mr. Kaushal Kumar, Advocate For the Respondent/s : Mr. Raj Shekhar, Advocate Mr. Prashant Kumar, Advocate Mr. Nihar Nandan Ambasta, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

¶18

Date : 26-07-2022

¶19

Heard learned counsel for the parties.

¶20

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

¶21

“1(i) For quashing the rejection of the reply dated 03.03.2021 passed by Regional, Head, Regional Office, Nasheman Bhawan, First floor, Mazaharul Haque Path (Frazer Road), Patna whereas the representation of the petitioner has been rejected without consideration and without given an opportunity for hearing to the petitioner.

¶22

(ii) For issuance of a direction to the Respondent No.1 to consider the representation and pass an order in accordance with law with regard to return the sale deed which has been given a mortgage by the petitioner.

¶23

(iii) For grant of any other relief or reliefs to which the petitioner may be found entitled in the interest of justice.”

¶24

It is brought to our notice that subsequent to filing of the

¶25

Patna High Court CWJC No.8795 of 2021 dt.26-07-2022 3/4

¶26

instant writ petition, petitioner had already approached the Debt Recovery Tribunal, Patna

¶27

It is not in dispute that at this point in time, the Debt Recovery Tribunal, Patna is seized of the matter. We had passed the order granting interim protection at the time when the said Tribunal was not functional.

¶28

Learned counsel for the petitioner states that pursuant to the order passed by this Court, petitioner has already deposited the amount. Also, petitioner is ready and willing to repay the entire amount on mutually agreeable terms.

¶29

Well, all these issues can be raised before the Debt Recovery Tribunal, Patna.

¶30

As prayed for, we dispose of the present petition granting liberty to the petitioner to raise all the issues, subject matter of the present petition, before the appropriate forum, including Debt Recovery Tribunal, Patna.

¶31

Interim order of protection dated 15.12.2021 shall continue to remain in operation for a period of two weeks thereafter. It shall be open for the Tribunal to form its own opinion with regard to continuance of the interim protection.

¶32

The instant petition stands disposed of in the aforesaid

¶33

terms.

¶34

Patna High Court CWJC No.8795 of 2021 dt.26-07-2022 4/4

¶35

Interlocutory Application(s), if any, shall stand disposed

¶36

of.

¶37

(Sanjay Karol, CJ)

¶38

(S. Kumar, J)

¶39

Amrendra/PKP

¶40

AFR/NAFR
CAV DATE
Uploading Date	29.07.2022
Transmission Date

Rama Singh v. Regional Head, Regional Office, Union Bank of India

Case brief

What is this about?

What did the court decide?

Rama Singh v. Regional Head, Regional Office, Union Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vivekanand Prasad Singh Vs The State Of Bihar and Ors.

M/s Hav Automobiles Private Limited Vs Union of India

Ajit Kumar @ Ajeet Kumar Vs The Union of India

Bihar State Water And Sewerage Board Workers Union Vs The State Of Bihar and Ors.

Brajesh Kumar Atreya Vs The State Of Bihar and Ors.

Bihar Adiwasi Adhikar Forum Vs The Union of India