Sanjay Kumar Jain Vs The Authorized Officer-cum-Chief Zonal Manager Puran Chand Behera — Patna HC (2024) — LawSathi Research

Sanjay Kumar Jain Vs The Authorized Officer-cum-Chief Zonal Manager Puran Chand Behera — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

MJC No. 877 of 2023 dropped; petitioner awarded litigation cost of Rs. 5,000/- payable within 8 weeks from receipt of the order; any disputed amount left to be adjudicated before the appropriate forum.

Issue for consideration

Whether, in the MJC-contempt proceedings for non-compliance of the order dated 07.03.2022 in CWJC No. 11231 of 2021, the Court need take note only of the disposal of the petitioner's representation, whether the MJC should be dropped, and whether the petitioner is entitled to litigation cost for the delay in compliance.

Court's answer

In the present MJC-contempt petition, the Court is required to take note only of the disposal of the petitioner's representation.

Ratio / Principle

If there is a disputed amount between the claim made in the representation and the amount released by the bank, it is required to be adjudicated before the appropriate forum.

Key takeaways

The present MJC No. 877 of 2023 stands dropped.ratio¶17
On account of enormous delay of more than 1 year and few months in complying with the orders of the Court, the petitioner is entitled to litigation cost quantified at Rs. 5,000/-, to be paid within 8 weeks from the date of receipt of the order.ratio¶18

Detailed headnote1 paragraphs

Contempt/MJC — non-compliance of Patna High Court order dated 07.03.2022 in CWJC No. 11231 of 2021 directing Punjab National Bank, Tekari Branch to dispose of the petitioner's representation dated 04.1.2019 — representation having been disposed of and the bank having released Rs. 3,39,070/- against a claimed sum of Rs. 1,27,04,000/-, the Court held that in contempt proceedings only the disposal of the representation falls for consideration and any disputed amount must be adjudicated before the appropriate forum — MJC No. 877 of 2023 dropped — litigation cost of Rs. 5,000/- awarded to the petitioner for delay of more than one year and few months in compliance, payable within 8 weeks (Bench: P. B. Bajanthri and Alok Kumar Pandey, JJ.; order per P. B. Bajanthri, J.).

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.877 of 2023 In

Civil Writ Jurisdiction Case No.11231 of 2021

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

Sanjay Kumar Jain Son of Mahavir Prasad Jain Resident of VillageRikabganj, Tekari, District- Gaya.

... ... Petitioner/s

Versus

The Authorized Officer-cum-Chief Zonal Manager Puran Chand Behera, Punjab National Bank of India Zonal Manager, Gaya.

The Punjab National Bank of India, Tekari Branch, P.S.- Tekari, DistrictGaya through its Branch Manager Umesh Kumar.

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Ashok Kumar, Advocate For the Opposite Party/s : Mr.Mritunjay Kumar, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and

HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

4 14-05-2024 The present MJC is filed for non-compliance of the orders of this Court dated 07.03.2022 passed in CWJC No. 11231 of 2021. Limited direction by the Co-ordinate Bench in the order dated 07.03.2022, asking the concerned respondentbank to dispose of the petitioner’s representation dated 04.1.2019 vide Annexure-4 to the CWJC. Such decision shall be taken by the respondent-bank within 10 days from the date of receipt of the order/production of the copy of the order, if not already taken. In the representation, petitioner’s grievance is that he has claimed a sum of Rs. 1,270,4000/- (Rupees One Crore Twenty Seven Lakh Four Thousand Only) on the other

Patna High Court MJC No.877 of 2023(4) dt.14-05-2024 2/2

hand respondent-bank have considered the grievance of the petitioner and released a sum of Rs.3,39,070/- (Rupees Three Lakh Thirty Nine Thousand Seventy Only). If there is a disputed amount and it is required to be adjudicated before the appropriate forum. In the contempt proceedings what is required to be taken note of in the present MJC-contempt petition is only to the extent of disposal of the representation of the petitioner.

Accordingly, the present MJC No. 877 of 2023 stands dropped.

There is enormous delay in complying the orders of this Court which is about more than 1 year and few months. Therefore, the petitioner is entitled to litigation cost and it is quantified at Rs. 5,000/- (Rupees Five Thousand Only). Cost shall be paid to the petitioner within a period of 8 weeks’ from the date of receipt of this order.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

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