BRANCH MANAGER, PUNJAB NATIONAL BANK, GURARU BRANCH, POLICE STATION - GURARU AND DISTRICT - GAYA Vs. BAL MUKUND MAHTO SON OF LATE HARICHARAN MAHTO

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 19.12.2011 whereby, the writ application was allowed directing the Bank to release the tractor in view of deposit of Rs. 21,850/- in terms of the order passed by the District Certificate Officer on 23.01.2002.

(2.) The respondent No. 1 availed a tractor loan somewhere in the year 1993-94. Since there were defaults committed on the part of the borrower to repay the loan amount, the Bank initiated a proceeding for recovery of the due amount. The said recovery proceedings culminated on 23.01.2002 whereby, the borrower was directed to deposit the remaining balance principal amount of Rs.21,850/- up to 28.03.2002. The proceedings were ordered to be taken up for further action on 28.03.2002.

(3.) It appears that the borrower deposited the said amount, but since the tractor was not released, the petitioner invoked the writ jurisdiction of this Court which has been allowed by the learned Single Bench of this Court vide the order impugned in the present Letters Patent Appeal. The Bank has not filed any counter affidavit before the learned Single Bench.