Neminath Homes Pvt. Ltd. v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3812 of 2020 ====================================================== Neminath Homes Pvt. Ltd. through its Director Tapan Mahendra Jhaveri, aged about 54 years Gender Male, S/o Mahendra Gulabchand Javeri, Registered Office at 115, Development Bank Building, 4th Floor, Crawford Market, Mumbai- 400001.

... ... Petitioner/s

Versus

1.

The Union of India through Presiding Officer, Debts Recovery Tribunal, Patna, Bihar.

2.

ICICI Bank, through Authorized officer, office at 3A Plot NO. 6b, S.K. Puri, Sahdeo Mahto Marg, Boring Road, Patna- 800001. 3.

Nikhil Priyadarshi, S/o Manju Sinha, Resident of Plot No. 11, Vishwesharya Nagar, Baily Road, Saguna More, Near Leeds Public School, P.S. Danapur, Danapur, Patna- 801503.

4.

Krishna Bihari Prasad Sinha, S/o ..........., resident of Plot No. 11, Vishwesharya Nagar, Baily Road, Saguna More, Near Leeds Public School, P.S. Danapur, Danapur, Patna- 801503.

5.

Manish Priyadarshi, S/o .............. Resident of Plot No. 11, Vishwesharya Nagar, Baily Road, Saguna More, Near Leeds Public School, P.S. Danapur, Danapur, Patna- 801503.

6.

Miss Priyanka Priyadarshi, S/o ..................................... Resident of Plot No. 11, Vishwesharya Nagar, Baily Road, Saguna More, Near Leeds Public School, P.S. Danapur, Danapur, Patna- 801503. 7.

M/s Priyadarshi Motors Pvt. Ltd., Office at Baily Road, Saguna More, Near Leeds Public School, P.S. Danapur, Danapur, Patna- 801503. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jyoti Prakash, Advocate Mr.Neerad Parashar, Advocate For the UOI :

Mr. Praveen Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date : 27-06-2022 The petitioner is aggrieved by the order dated 14.08.2019 passed in O.A. No.226 of 2017(s) by the Presiding

Patna High Court CWJC No.3812 of 2020 dt.27-06-2022 2/2 Officer of the Debts Recovery Tribunal, Patna on an application made by the ICICI Bank under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 for the recovery of the debts. In view of an equally efficacious statutory remedy being available to the petitioner against the order impugned under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, we are not inclined to entertain the present application under extra ordinary writ jurisdiction. It is dismissed, accordingly.

(Ashwani Kumar Singh, J) ( Dr. Anshuman, J) kanchan/- AFR/NAFR NA CAV DATE NA Uploading Date 28.06.2022 Transmission Date NA