IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4120 of 2010 1. M/S SHYAM BIHARI A PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT PRABHAT NAGAR, P.S- BHAGWANPUR, TOWN & DISTRICT - MUZAFFARPUR THROUGH ITS PARTNER SHRI SHYAM BIHARI, S/O SHRI MAHENDRA NARAYAN CHAUDHARY, R/O MOHALLA - PRABHAT NAGAR, BHAGWANPUR , P.S- BHAGWANPUR, DISTRICT- MUZAFFARPUR 2. SHRI SHYAM BIHARI S/O SHRI MAHENDRA NARAYAN CHAUDHARY R/O MOHALLA - PRABHAT NAGAR, BHAGWANPUR, P.S- BHAGWANPUR, DISTRICT- MUZAFFARPUR 3. ARPANA BIHARI W/O SHRI SHYAM BIHARI , S/O SHRI MAHENDRA NARAYAN CHAUDHARY R/O MOHALLA - PRABHAT NAGAR, BHAGWANPUR, P.S- BHAGWANPUR, DISTRICT- MUZAFFARPUR Versus 1. THE SYNDICATE BANK A BANKING COMPANY CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITON & TRANSFER OF UNDERTAKINGS )ACT,1970 HAVING ITS HEAD OFFICE AT MANIPAL- 576104 THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR 2. THE BRANCH MANAGER SYNDICATE BANK BRANCH, MUZAFFARPUR 3. THE AUTHORISED OFFICER SYNDICATE BANK BRANCH, MUZAFFARPUR ----------- 4 16/04/2010 After exchange of pleadings, learned counsel for the petitioners has taken a prudent course to the litigation in question. He submits that the petitioners have already established their bonafide by depositing a substantial amount of money with the Bank. Categorical request has been made vide application dated 23/03/2010 to the Branch Manager of - 2 - Syndicate Bank, Bhagwanpur, Muzaffarpur that the petitioners are sincere about settling the dues of the Bank partly by re-payment and partly by re-structure. He submits that Annexure-4 should be treated by the respondent Bank with due compassion and appropriate decision be communicated to them in this regard. They are not willing to push the matter beyond the time in view of their commitment with regard to the borrowing of money. This writ application is disposed of with a direction upon the Branch Manager of the Syndicate Bank, Bhagwanpur Branch to take cognizance of annexure-4 which has been brought on record with supplementary affidavit, as well as such other application which the petitioners would like to make within two weeks from today, and he shall communicate his decision. The future course of action will be dependent upon such decision. AMIN (Ajay Kumar Tripathi, J.)