Patna High Court
CWJC/5591/2015 of Sunita Devi Vs The Authorized Officer Centrel Bank Of India Rajendra Nagra Br. and Ors. on 21 December 2019
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5591 of 2015 ====================================================== Sunita Devi Wife of Sri Vinod Mehta C/o- Ruby Chicken Centre, Arya Kumar Road, Machhuatoli, P.S. - Kadamkuan, P.O.- Bankipur, Patna-800004. ... ... Petitioner/s Versus
IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.5591 of 2015
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Sunita Devi Wife of Sri Vinod Mehta C/o- Ruby Chicken Centre, Arya KumarRoad, Machhuatoli, P.S. - Kadamkuan, P.O.- Bankipur, Patna-800004.
... ... Petitioner/s
Versus
1. The Authorized Officer Centrel Bank Of India Rajendra Nagra Br.
2. The Branch Manager, Central Bank of India, Rajendra Nagar Branch, Patna. 3.The Authorized Officer, Central Bank of India, Regional Officer,Mauryalok, Patna. 3.The Authorized Officer, Central Bank of India, Regional Officer,Mauryalok, Patna.
4. M/S Vijay Enterprises through its Proprietor Vijay Shankar Prasad , Son ofShri Shiv Shankar Prasad , Resident of Sultanganj, Ashok Rajpath MainRoad, P.O.- Mahendru, P.S.- Sultanganj, District- Patna.Shri Shiv Shankar Prasad , Resident of Sultanganj, Ashok Rajpath MainRoad, P.O.- Mahendru, P.S.- Sultanganj, District- Patna.
1121-12-2019
... ... Respondent/s
======================================================Appearance :For the Petitioner/s: Mr. Manoj KumarFor the Respondent/s: Mr. Aditya Sharan ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAYORAL ORDER
Heard learned counsel for the petitioner as well as learned counsel for the State.
Mrs. Nirvedita Nirvikar, learned counsel for thepetitioner submits that the entire dispute has been settled exceptthe dispute remains with regard to Rs.10,00000/- deposited bythe petitioner to the Astha Motors. In the entire transaction,there are three parties and there is no dispute as to payment ofRs.10,00000/- (ten lacs) by the petitioner and as such the disputecan be easily sorted out but if all stake holders sit together andcomplete accordingly.
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In view of the above, the Court is of the view that the B.Kr./- U
matter may be sorted out by the parties themselves amicably.
Accordingly, the writ petition is disposed of with adirection to the bank to organize a meeting of the petitioner, theintervenor and Astha Motors and thereafter settled the dispute asto amount of Rs.10,00000/- deposited by the petitioner withAstha Motors. It goes without saying that the bank aftersettlement of dispute is required to consider the interest of allconcerned including the petitioner and intervenors. Necessarydecision after meeting of all stake holders may be taken at theearliest preferably within a period of 45 days from the date ofreceipt/production of a copy of this order. The bank is requiredto return the document deposited in lieu of banking transactionafter settlement of the dispute.
(Anil Kumar Upadhyay, J)
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