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Patna High Court

Sudhir KumarversusThe Union Bank of India through its Chairman-cum-Managing Director

Decided
Disposal
DISPOSED

Holding

The Court held that the Letters Patent Appeal No.1386 of 2019 is to be restored to its original file.

Summary

Sudhir Kumar and Kaushaliya Devi filed a petition seeking restoration of Letters Patent Appeal No.1386 of 2019 against Union Bank of India and related parties. The respondents included senior officials of the bank and directors of M/s Sonali Auto Pvt. Ltd. The petitioners filed a restoration application alleging procedural lapses that warranted reinstating the appeal. The High Court examined whether the restoration application was maintainable and whether the appeal could be placed back in its original file. Relying on the reasons set out in the restoration application, the Court allowed the petition. Consequently, the Letters Patent Appeal was restored to its original file.

Issues considered

  • Whether the Letters Patent Appeal No.1386 of 2019 may be restored to its original file
  • Whether the restoration application filed by the petitioners is maintainable

Subjects

  • Letters Patent Appeal
  • Restoration
  • Procedural Law
  • High Court
  • Banking Litigation
  • Patna High Court

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.3628 of 2025
                                         In
                        Letters Patent Appeal No.1386 of 2019
     ======================================================
1.    Sudhir Kumar Son of Late Ram Kumar Sinha, Resident of Mohalla
      Chitkohra, P.S. Gardanibagh, Town and District- Patna.
2.   Smt. Kaushaliya Devi, Wife of Late Ram Kumar Sinha, Resident of Mohalla
     Chitkohra, P.S. Gardanibagh, Town and District- Patna.

                                                             ... ... Petitioner/s
                                   Versus
1.   The Union Bank of India through its Chairman-cum-Managing Director
     Nariman Point, Mumbai.
2.   The Deputy General Manager, Union Bank of India, Patna Zonal Office,
     Nasheman Bhawan, Frazer Road, Patna.
3.   The Chief General Manager, Main Branch, Union Bank of India, Frazer
     Road, Patna.
4.   The Authorized Officer, Main Branch, Union Bank of India, Frazer Road,
     Patna.
5.   Sri Arvind Narain Singh, the then Branch Manager, Main Branch, Union
     Bank of India, Frazer Road, Patna.
6.   Sri Kumar Anand, the then Sr. Manager (Credit), Main Branch, Union Bank
     of India, Frazer Road, Patna.
7.   M/s Sonali Auto Pvt. Ltd., Vishnupuri Dangi Complex, Anisabad, Patna,
     through its Director Bidhan Chand Roy.
8.   Sri Bidhan Chand Roy, Son of Daroga Prasad Roy, Director of M/s Sonali
     Auto Pvt. Ltd., resident of Mahavir Nagar Colony, Beur More, Anisabad,
     Patna.
9.   Abhishek Roy, Son of Sri Bidhan Chand Roy, Director of M/s Sonali Auto
     Pvt. Ltd., resident of Mahavir Nagar Colony, Beur More, Anisabad, Patna.
10. Smt. Kavita Roy, W/o Sri Bidhan Chand Roy, Director of M/s Sonali Auto
    Pvt. Ltd., resident of Mahavir Nagar Colony, Beur More, Anisabad, Patna.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :   Mr.Rajesh Mohan
     For the Opposite Party/s :   Mr.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                           ORAL ORDER

     (Per:   HONOURABLE MR. JUSTICE ALOK KUMAR SINHA)
            Patna High Court MJC No.3628 of 2025(2) dt.18-03-2026
                                                        2/2




2      18-03-2026                         Heard the parties.

                                       2. For the reasons assigned in the restoration

                      application, it is allowed and LPA No. 1386 of 2019 is restored

                      to its original file.


                                                    (Rajiv Roy, J)


                                               (Alok Kumar Sinha, J)

HR/-

U


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