Patna High Court - Orders
M/S Ramnandi Hotels And Resorts Ltd. vs Bank Of Baroda, on 6 December, 2022
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14542 of 2019
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1. M/s Ramnandi Hotels and Resorts Ltd. a company incorporated under the
Companies Act, 1956 through its Managing Director, having Regd. Office
Bansi Sadan, Chand Choraya, P.S. Civil Line, Distt. Gaya- 823001, Bihar.
2. Sri Akhauri Gopal, Son of late Akhauri Banshidhar, R/o Mohalla-
Chandchaura, P.S. Civil Line, Gaya.
3. Smt. Sangeeta Akhauri, W/o Akhauri Gopal, R/o Mohalla- Chandchaura,
P.S. Civil Lines, Gaya.
4. Shri Nishant Akhauri, Son of Akhauri Gopal, R/o Mohalla- Chandchaura,
P.S. Civil Lines, Gaya.
5. Sri Nilesh Akhauri, Son of Akhauri Gopal, R/o Mohalla- Chandchaura, P.S.
Civil Lines, Gaya.
6. Mrs. Neha Akhauri, D/o Akhauri Gopal, R/o Mohalla- Chandchaura, P.S.
Civil Lines, Gaya.
7. Mrs. Megha Akhauri, D/o Akhauri Gopal, R/o Mohalla- Chandchaura, P.S.
Civil Lines, Gaya.
8. M/s Pareena Motros Pvt. Ltd., Corporate Guarantor, Regd. Office- Bansi
Sadan, Chand Choraya, P.S. Civil Lines, Distt. Gaya- 823001, Bihar.
9. M/s Ramnandi Automobiles Pvt. Ltd., Corporate Guarantor, Regd. Office-
Bansi Sadan, Choraya, P.S.Civil Line, Distt.- Gaya- 823001 Bihar.
10. M/s Ramnandi Motors Pvt. Ltd. Corporate Guarantor Regd. Office- Bansi
Sadan, Chand Choraya, P.S. Civil Line, Distt.- Gaya- 823001, Bihar.
... ... Petitioner/s
Versus
1. Bank of Baroda, through its Branch Manager, Gaya Main Branch, Rathoud
Bhawan, Swarajpuri Road, Gaya.
2. Central Bank of India, through its Branch Manager, Boring Road Branch,
Laxmi Complex, Patna- 800001
3. Allahabad Bank, through its Branch Manager, Patan Main Branch, Kotwali
Chowk, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arbind Kumar Jha, Advocate
Mr. Vijay Kumar, Advocate
For the Resp. No. 1 : Mr. Sanjeev Shankar, Advocate
For the Respondents : Mrs. Archana Sinha, Advocate
Mr. Alok Kumar Shahi, Advocate
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Patna High Court CWJC No.14542 of 2019(2) dt.06-12-2022
2/3
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 06-12-2022Petitioners have prayed for the following relief(s):-
"i. For quashing the letter dated 24.05.2019 by which respondent No. 1 in view of Clause 2.1 of the Master Circular of Reserve Bank of India declared the petitioners 'willful defaulter' for alleged charge of 'default' by petitioner No. 1 in meeting its payment or repayment obligation and diversion of fund.
ii. For further declaration that petitioner No. 3 to 10 can not be said to be 'unit' within the meaning of clause 2.1 of definition which provides those persons who are incharge and responsible for the management of the affairs of the business enterprises and further unless default is establish before the competent court, where the matter is pending no such notice can be issued by the respondent No. 1. iii. For further declaration that in case of project finance, repayment obligation begins only after date of commencement of commercial production (DCCO) and for illegal declaration of NPA by lead Bank Central Bank of India prior to date of commencement of production, project could not be completed and hence no responsibility can be fixed on petitioner No. 1 and 2.
iv. The petitioner further prays for issuance of any appropriate writ/writs, order/orders, and/or direction/directions for which petitioner may be Patna High Court CWJC No.14542 of 2019(2) dt.06-12-2022 3/3 found entitled."
Learned counsel for the petitioners seeks permission to withdraw the present petition.
Permission granted.
Present petition stands disposed of as withdrawn. Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/-
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