Disposed

M/s Chand Mustard Oil Mill v. State Bank of India

Patna HC3 Apr 2024CWJC/399/2014

Case brief

AI extract

What is this about?

The court recorded a compromise between the petitioner firm and the auction purchaser of mortgaged land. The purchaser relinquished rights in exchange for consideration, returning title deeds. The writ petition challenging the bank's sale order was disposed of in light of this settlement.

What did the court decide?

Writ petition disposed of on record of compromise; IA No. 02 of 2024 allowed.

M/s Chand Mustard Oil Mill Vs State Bank of India — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.399 of 2014

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M/s Chand Mustard Oil Mill Son Of Md Jamal Residing At Bahadurpur, P.S. - Muffasil, District - Begusarai

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... ... Petitioner

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Versus

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State Bank of India through its Regional Manager, Regional Business Office, G.S. Motors Building. Harhar Mahadeo Chowk, Begusarai - 851101.

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Regional Manager, Regional Business Office, State Bank Of India, Begusarai, G.S. Motors Building, H

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Chief Manager Rural Regional Business Office, State Bank Of India, Begusarai, G.S. Motors Building

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Authorized Officer, Regional Business Office, State Bank Of India, Begusarai, G.S. Motors Building,

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Brajendra Kumar S/o Late Shiv Kumar Singh, Resident of Village - Chakbali, Near Shankar High School, Ward No. - 13, Nurpur, P.S. - Barauni, District- Begusarai.

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Ashok Kumar Sinha, The Then Field Officer, Residing Beside Bus Stand, Tilak Nagar, P.S. - Town Than

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Pankaj Kumar, Rbd Manager, Presently Posted As Chief Manager, Adb, Sbi, Begusarai

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N.K. Mishra, Chief Manager, Main Branch, State Bank Of India, Begusarai

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Akash Recovery Services Pvt. Ltd, 405, Ashiana Tower, Exhibition Road, Patna - 800001

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... ... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Rajni Kant Jha, Advocate For the Respondents : Mr. Sri Sunil Kumar Singh, Advocate For the State Bank India : Mr. Anjani Kumar Mishra, Advocate : Mr. Ambarish Bhardwaj For the Respondent No.5 : Mr. Neeraj Kumar, Advocate

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

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL ORDER

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20 03-04-2024

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I.A. No. 02 of 2024 has been filed to dispose of

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the instant writ petition in terms of the compromise made between the petitioner and the respondent no. 5.

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The petitioner is a proprietary firm situated in

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Patna High Court CWJC No.399 of 2014(20) dt.03-04-2024 2/5

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the District of Begusarai and its proprietor Md. Amanat Ali obtained the facility of loan for doing the business of Mustard Oil from State Bank of India, Begusarai by depositing the title deeds of land which are in favour of his grandmother, namely, Smt. Hadisha Khatoon, the owner of 2 katha 12 dhur and his father, namely, Md. Jamal, the owner of only 6 dhur respectively in respect of piece and parcel of the land with building at Mouza – Bahadarpur, Pargana – Balia, District – Begusarai Tauzi No. 6458, Thana No. 519 Khata No. - 377, Khesra No. - 632, total area – 2 katha 18 dhur. The Bank sold the property of the petitioner on 05.06.2013 at a total sum of Rs. 6,95,00/(Rupees six lakh and ninety five thousand) only through E- Auction to the 5^th Respondent, namely, Brajendra Kumar and issued a sale certificate in his favour and handed over the title deeds of the property of the petitioner. But the respondent no. 5 never came into actual possession of his purchased land.

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It is specifically mentioned in the application that Md. Amanat Ali and his family members are in possession of the property, inspite of the auction of sale

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Patna High Court CWJC No.399 of 2014(20) dt.03-04-2024 3/5

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dated 05.06.2013.

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The present writ petition was filed challenging the order of sale of the Bank, in favour of the respondent no. 5 as collusive and fraudulent. On intervention of common friends and well-wishers, the petitioner and respondent no. 5 settled their dispute inter-se under the following manner:

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“(i). That the petitioner would pay a sum of ₹8,00,000 /- (Rupees eight lakh) only to the Respondent No. 5 as a consideration for relinquishing by the Respondent No. 5 in favour of the petitioner his right, title interest and claim in the property which the petitioner mortgaged to the Bank and which the Respondent No. 5 acquired in auction purchase from State Bank of India, Begusarai Branch, Begusarai on 05.06.2013 by getting the Sale certificate. (ii). That after getting the consideration money the Respondent No. 5 namely Brajendra Kumar would return the sale deeds of the property, which he got from State Bank of India, Begusarai Branch, Begusarai on 05.06.2013 along with the Sale certificate to Md. Amanat Ali and would relinquish all his right, title, interest and claim in the property of the petitioner and henceforth he or his legal heir would not be entitled to make any claim in respect of the said property. (iii). That Md. Amanat Ali paid a sum of Rs

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Patna High Court CWJC No.399 of 2014(20) dt.03-04-2024 4/5

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8,00,000/- (Rupees eight lakh) only through two bank drafts, one of 5,00,000 (Rupees five lakh)₹ only issued by Bank of Baroda Begusarai - 851101 bearing Banker's Cheque No. 250152 dated 28.02.2024 and the other of 23,00,000/(Rupees three lakh) issued by State Bank of India Drawee Branch Begusarai Code No. 00032 Demand Draft bearing No. 293452 in favour of Brajendra Kumar i.e. Respondent No. 5 who accepted the same as a consideration amount for relinquishing his claim over the auction purchased property in favour of the petitioner.

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(iv). That Brajendra Kumar handed over the title (Sale) deeds along with the copy of the sale Certificate of the land pertaining to the piece and parcel of the land with building at Mouza - Bahdarpur, Pargana - Balia, District - Begusarai Tauzi No. 6458, Thana No - 519 Khata No. - 377, Khesra No. - 632, total area - 2 katha 18 dhur out of which 2 katha 12 dhur land is in the name of his deceased grand mother Smt. Hadisha Khatoon and 6 dhur land in the name of his father Md. Jamal and relinquished all his right, title, interest and claim over the property of the petitioner which he has acquired from the Bank in auction purchase on 05.06.2013.”

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It is also mentioned by both the counsel that the

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petitioner and the respondent no. 5 have settled their dispute voluntarily, considering their interest and, therefore, prayed to record the compromise. The compromise of the Bank and

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Patna High Court CWJC No.399 of 2014(20) dt.03-04-2024 5/5

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respondent no. 5 is hereby recorded.

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Considering the facts and circumstances and the

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averments made in this interlocutory application, the prayer made in I.A. No. 02 of 2024 is allowed.

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Accordingly, I.A. No. 02 of 2024 stands

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allowed.

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Therefore, the writ petition is disposed of in view of the compromise made between the parties.

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(G. Anupama Chakravarthy, J)

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Shanu /-

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M/s Chand Mustard Oil Mill v. State Bank of India

Case brief

What is this about?

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M/s Chand Mustard Oil Mill v. State Bank of India

Case brief

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What did the court decide?

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