BANK OF INDIA THROUGH THE CHIEF MANAGER ASSET RECOVERY BRANCH v. M/S TRUST DIAGNOSTIC CENTRE THROUGH ITS PROPRIETOR SRI JATIN SAHAY
C.M.P./803/2024 · 2025-02-28
Sanjay Kumar Dwivedi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 23686 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23686 (JHR) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 803 of 2024
Bank of India through the Chief Manager, Asset recovery branch, Bank of India having office at Pradhan Tower, Main Road, Ranchi, P.O-G.P.O, P.S-Chutia, District-Ranchi, (Jharkhand).
..... … Petitioner
Versus
1. M/s Trust diagnostic Centre through its Proprietor Sri Jatin Sahay aged about 55 years, son of Late Rajkishore Sahay, resident of B.K.Sahay Compound, St. Anne School Lane, Tharpakna, P.O- G.P.O & P.S-Lower Bazar, District-Ranchi (Jharkhand).
2. Anshu Sahay Aged about 52 years, wife of Sri Jatin Sahay, resident of B.K. Sahay Compound, St. Anne School Lane, Tharpakna, P.O-G.P.O & P.S- Lower Bazar, District-Ranchi (Jharkhand).
3. The State of Jharkhand through Deputy Commissioner, Ranchi having its office at Kachary Road Ranchi, P.O-G.P.O & P.S- Kotwali, District- Ranchi.
4. State Bank of India, Stressed Assets Recovery Branch, Ranchi, having office at Court compound State Bank of India Branch Building, Kachahari Chowk, P.O- G.P.O & P.S-Kotwali, District- Ranchi.
5. General Manager, Bank of India, Ranchi.
6. Zonal Manager, Bank of India, P.S.-Chutia, Ranchi.
7. Chief Manager, Bank of India, Shyamli Branch, Doranda, Ranchi.
8. A.G.M. (Recovery), Bank of India, Main Road, P.S.-Chutia, District-Ranchi.
..... … Opposite Parties
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Amresh Kumar, Advocate. For the State
:
Mr. P.C. Sinha, A.C. to G.A.-III. For the SBI
: Mr. P.A.S. Pati, Advocate. ------
05/ 28.02.2025 This petition has been filed for modification of the order
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dated 05.08.2024 passed by this court in W.P.(C) No. 848 of 2024.
2.
Mr. Amresh Kumar, learned counsel appearing for the petitioner-Bank of India submits that the case was disposed of in light of the settlement made and brought on record by way of affidavit by the Bank of India dated 02.08.2024. He submits that the said settlement has not been recorded in the order.
3.
It transpires that the said writ petition was disposed of on 05.08.2024, on the basis of settlement and affidavit filed by the Bank of India has already been accepted by all the parties including Mr. Pati,
learned counsel appearing for the State Bank of India and Mr. P.C. Sinha, learned A.C. to G.A.-III appearing for the State, which clearly suggests that the settlement has been accepted.
4.
In view of the above, no case of modification is made out, as such, this petition is disposed of.
(Sanjay Kumar Dwivedi, J.) Amitesh/-