IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16294 of 2007 PRASHANT KISHORE son of Late Harendra Kishore Sahay, resident of village Chaksarda, P.S. & P.O. Fatehpur, District Siwan Versus 1. THE STATE OF BIHAR through Secretary, Deptt. of Finance, Old Secretariat, Patna 2. The Central Bank of India through its Regional Manager, Central Bank of India, Regional Office, Block-B, 2nd Floor, Mauryalok Complex, Dak Bunglow Road, Patna-800001 3. The Branch Manager, Central Bank of India, Frazer Road Branch, Patna ----------- 02/ 08.10.2009 Heard learned counsel for the parties. 2. Petitioner is aggrieved by the contents of the notice dated 29.9.2007, Annexure-1, whereunder the authorized officer of the Central Bank of India has called upon the petitioner guarantor to clear the liability of M/s Sea Tech Health Care, which was offered cash credit limit of Rs. Fifteen lacs as the Principal debtor has defaulted in clearing the limit. 3. It is submitted on behalf of the petitioner that he has been subjected to a fraud committed by Sri Kamlesh Kumar Upadhyay, one of the partners of the principal debtor in collusion with the bank manager as the cash credit account in which he has offered himself as guarantor, bearing No. 934 has been closed without any intimation to the petitioner. 4. The aspect of fraud should be established by the petitioner in the Civil Court and if his interest in the properties offered as security is affected, he should 2 approach the Civil Court for grant of injunction and with this observation, this writ application is disposed of. Arjun/ ( V.N. Sinha, J.)