M/S Sanjay Printing Works And ANR v. Presiding Officer, Debts Recovery Tribunal, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11452 of 2016 ===========================================================

1. M/s Sanjay Printing Works, Rai Jai Krishna Road, Gurhatta, Patna City, through its Partner Nawin Chandra Jaiswal, son of Late (Dr.) Mathura Prasad Jaiswal, resident of Rai Jai Krishna Road, Gurhatta, P.S.- Khajekalan, Patna City, District- Patna.

2. Sanjay Kumar Jaiswal, Partner, M/s Sanjay Printing Works, Rai Jai Krishna Road, Gurhatta, Patna City, son of Late (Dr.) Mathura Prasad Jaiswal, resident of Rai Jai Krishna Road, Gurhatta, P.S.- Khajekalan, Patna City, District- Patna. .... .... Petitioners

Versus

1. Presiding officer, Debts Recovery Tribunal, Patna, Asiana-Digha Road, P.S.- Rajeev Nagar, P.S.- Rajeev Nagar, Patna.

2. Axis Bank Limited, a company registered under the Companies Act 1956 having its registered office at Trishul Law Garden Ellise Bridge, Ahmedabad and one of its Branch Office among many other places at Harihar Bhawan Chowk, Ashok Rajpath, Patna City, represented through Md. Farooque Azam, Manager, Axis Bank Limited, son of Late M. Azam duly authorized asignatory of the aforesaid Bank

3. Reserve Bank of India, South Gandhi Maidan, Police Station- Gandhi Maidan, Patna through its Manager.

4. Recovery Officer, Debt Recovery Tribunal, Patna Ashiana Digha Road, P.S.- Rajeev Nagar, Distt- Patna.

.... .... Respondents =========================================================== Appearance:

For the Petitioner : Mr. Ajit Kumar Sinha, Advocate For the Respondents :

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 21-07-2016 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The present writ petition has been filed for setting aside the judgment dated 05.05.2016 in Original Application No. 258 of 2015 passed by the Debts Recovery Tribunal against the petitioners.

3. At the very outset this Court takes note that the impugned

Patna High Court CWJC No.11452 of 2016 dt.21-07-2016 order has been passed by the Debts Recovery Tribunal (DRT), Patna against which the petitioners have adequate statutory remedy before the appellate authority.

4. In the above view of the matter, this Court is not inclined to enter upon the merits of the matter. The writ petition accordingly stands disposed of with liberty to the petitioner to take recourse to appropriate proceedings before the proper forum in accordance with law for redressal of their grievances.

(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.07.2016 Transmission Date N.A.