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Patna High Court

The Chairman, Madhya Bihar Gramin BankversusShivdhyan Chaudhary

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed for non‑prosecution.

Summary

The Chairman, General Manager, Senior Manager and Regional Manager of Madhya Bihar Gramin Bank (now Dakshin Bihar Gramin Bank) filed a Letters Patent Appeal (LPA No.697 of 2019) before the Patna High Court against Shivdhyan Chaudhary and Awadh Singh. No counsel appeared on behalf of the appellants. The matter, originally instituted in 2019, had been pending for about five years. The Court observed that the appeal had not been prosecuted. Consequently, the Court dismissed the appeal for non‑prosecution. The order was delivered by Hon’ble Justice P.B. Bajanthri and Justice Ramesh Chand Malviya.

Issues considered

  • Whether the Letters Patent Appeal should be dismissed for non‑prosecution due to lack of prosecution by the appellants?

Subjects

  • Letters Patent Appeal
  • Non‑prosecution
  • Procedural default
  • High Court
  • Dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Letters Patent Appeal No.697 of 2019
                                                     In
                               Civil Writ Jurisdiction Case No.4253 of 2015
                 ======================================================
           1.     The Chairman, Madhya Bihar Gramin Bank Meena Plaza, South of
                  Museum, Patna (Now known as Dakshin Bihar Gramin Bank) present
                  address Head Office at Sri Vishnu Commercial Complex, Near National
                  Highway Petrol Pump, Bypass, N.H. 30, Asho Chak, Patna-16
           2.    The General Manager Madhya Bihar Gramin Bank, Meena Plaza, South of
                 Museum, Patna (Now known as Dakshin Bihar Gramin Bank) present Head
                 Office at Sri Vishnu Commercial Complex, Near National Highway Petrol
                 Pump, Bypass, N.H. 30, Asho Chak, Patna-16
           3.    The Senior Manager Madhya Bihar Gramin Bank, Head Office Meena
                 Plaza, South of Museum, Patna (Now known as Dakshin Bihar Gramin
                 Bank) present Head Office at Sri Vishnu Commercial Complex, Near
                 National Highway Petrol Pump, Bypass, N.H. 30, Asho Chak, Patna-16
           4.    Regional Manager Madhya Bihar Gramin Bank (Now known as Dakshin
                 Bihar Gramin Bank) Head Office, Bhabhua

                                                                          ... ... Appellant/s
                                                 Versus
           1.    Shivdhyan Chaudhary Son of Late Moti Chaudhary R/o Mohalla-Nasriganj,
                 Ramjaypal Nagar Colony, P.S. Danapur in the district of Patna
           2.    Sri Awadh Singh (now retired) Enquiry Officer, Senior Manager, Regular
                 Inspection Department, Head Office, Patna at present resident of Chaudhary
                 Tola, New Colony, P.O. Mahendru, P.S.Sultanganj, Patna-800006

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     None
                 For the Respondent/s   :     Mr.Kishore Kumar Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                         and
                         HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

3   22-01-2024                  None appears for the appellants.

                               2. Matter is of the year 2019. It is noticed that for the

                   purpose of admission matter is pending consideration for the
           Patna High Court L.P.A No.697 of 2019(3) dt.22-01-2024
                                                        2/2




                     last about five years.

                                  3. Accordingly, the present LPA No. 697 of 2019

                     stands dismissed for non-prosecution.



                                                 (P. B. Bajanthri, J)


                                           ( Ramesh Chand Malviya, J)
abhishekkr/-

U


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