IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1722 of 2011 In Civil Writ Jurisdiction Case No. 10815 of 2011 With Interlocutory application no. 7898 of 2011 In Letters Patent Appeal No. 1722 of 2011 ====================================================== Darpa Pipra Int. Udyog Sahyog Samiti through Gaya Lal Prasad (Cashier) S/O Late Ram Pragas Sah, R/o Village- Darpa Pipra, P.S.- Darpa, District- East Champaran. .... .... Petitioner/Appellant Versus 1. The State of Bihar through District Magistrate, East Champaran. 2. The Branch Manager, State Bank of India, Ekdara Branch, Chauradano, East Champaran. 3. The Branch Manager, National Insurance Company Ltd., Motihari, East Champaran. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Shailendra Kumar Tiwary, Advocate. For the Respondent/s : Mr. Dhurendra Kumar, A.C. to S.C. 16. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 21-11-2011 Re. Interlocutory application No. 7898 of 2011: The delay of 10 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 1722 of 2011: This Appeal preferred by the writ petitioner under Clause 10 of the Letters Patent arises from the judgment and order dated 11th August 2011 passed by the learned single Judge in above CWJC No. 10815 of 2011. Patna High Court LPA No.1722 of 2011 (2) dt.21-11-2011 2 / 2 2 Indisputably, the appellant is the debtor to the respondent State Bank of India. In view of the damage caused to the Chimney (brick-kiln) the appellant claims that it is the State Bank of India, the creditor which was supposed to make the insurance claim. The bank should, therefore, recover the insurance claim and write off of the loan borrowed by the appellant. Submission is totally misconceived. The petition has rightly been dismissed by the learned single Judge. No case for interference is made out. Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)