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Sikkim High Court

Meena Jha vs State Bank Of India And Others on 6 November, 2019

Author: Arup Kumar Goswami

Bench: Arup Kumar Goswami

`````                                                                                  tCJ's Court

                                                High Court of Sikkim
                                                     Record of proceedings



                                                 WP(C) No.39 of 2017

                MEENA JHA                                                    .... PETITIONER

                                                   VERSUS

                STATE BANK OF INDIA & ORS.                                   .... RESPONDENTS

                Date :    06-11-2019

                CORAM :
                  THE HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE

                For Petitioner              :    Mr. A. Moulik, Sr. Advocate with Mr. Ranjit
                                                 Prasad, Advocates.

                For Respondent Nos.1 & 2 :       Mr. J.K Chandak, Advocate.
                For Respondent No.3         :    None.

                For Respondent No.4         :    Dr. Doma T. Bhutia, Additional Advocate
                                                 General with and Ms. Pollin Rai, Assistant
                                                 Government Advocate.

                For Respondent No.5         :    None.


                                                           ORDER

Heard Mr. A. Moulik, learned Senior Counsel assisted by Mr. Ranjeet Prasad for the petitioner, Dr. Doma T. Bhutia, learned Additional Advocate General, Sikkim and Mr. J.K Chandak, learned Counsel for respondent bank.

Initially, an application for amendment of the Writ Petition was filed, which was registered as I.A No.07/2019 and the same was allowed by the order dated 13.03.2019. Consolidated amendment Writ Petition was filed but there were certain mistakes in the same and therefore, an application praying for time for rectifying mistakes in the amended Writ Petition and to refile the same was filed and the said application was registered as I.A No.09/2019. The said application was allowed by the order dated 06.08.2019 on cost of Rs.5,000/-.

Subsequently, another application was filed, registered as I.A No.10/2019 for correction of the mistakes in the amended Writ Index : Yes/No Internet : Yes/No ds/jks/bp Page | 3 ````` tCJ's Court High Court of Sikkim Record of proceedings Petition in terms of the order dated 11.06.2019, 06.08.2019 and 06.09.2019. The said application was allowed to be withdrawn with liberty to file a fresh application on the prayer of learned Senior Counsel for the petitioner by an order dated 25.10.2019.

Subsequent thereto, an application registered as I.A No.11/2019 is filed.

Mr. Moulik submits that having regard to the number of corrections that have to be incorporated, he may be permitted to withdraw the Writ Petition with liberty to file afresh incorporating all factual matrix and contentions.

Prayer is not opposed by Ms. Bhutia and Mr. Chandak. Having regard to the prayer made by Mr. Moulik and not objected to by the learned Counsel appearing for the respondents, the Writ Petition is disposed of on withdrawal with liberty to the petitioner to file a fresh Writ Petition, as prayed for.

All pending interlocutory applications stand disposed of, accordingly, in terms of the above order.

Chief Justice Index : Yes/No Internet : Yes/No Avi/ Index : Yes/No Internet : Yes/No ds/jks/bp Page | 4