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2020 Supreme(SC) 361

A.M.KHANWILKAR, DINESH MAHESHWARI
Punjab National Bank – Appellant
Versus
Atmanand Singh – Respondent


Advocates Appeared:
For the petitioner(s):Rajesh Kumar-I, Advocate
For the Respondent(s):Jaideep Khanna, Shivam Singh, Chandan Kumar, Devashish Bharuka, Advocates

JUDGMENT

A.M. Khanwilkar, J.

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 23.2.2017 passed by the Division Bench of the High Court of Judicature at Patna [For short, “the High Court”] in Letters Patent Appeal (LPA) No. 310/2009, whereby, the LPA filed by the appellants came to be dismissed while affirming the decision of the learned single Judge, dated 10.2.2009 in allowing the Civil Writ Jurisdiction Case (CWJC) No. 867/1999.

3. The Division Bench took note of the relevant background facts necessitating filing of writ petition by the respondent No. 1 for a direction to the appellant­Bank to pay his lawful admitted claims in terms of agreement dated 27.5.1990 (Annexure 5(b) appended to the writ petition) and also to deposit the income­tax papers with immediate effect. The Division Bench has noted as follows: ­

    “4. The facts of the case is that the writ petitioner had taken a term loan of Rs.10,000/­ from the Bank by way of financial assistance to run a business in the name of “Sanjeev Readymade Store” from Haveli Kharagpur Branch of Punjab National Bank in the district of Munger. The writ petitioner was paid the said sum of Rs.10,000/­ in two instalm


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