M/S Pragana Danwar Food Processor Pvt. Ltd. v. Union Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8436 of 2021 ====================================================== M/s Pragana Danwar Food Processor Pvt. Ltd. having its Regd. Office 110KA, A/14, Bank of India Colony, Near B.V. College, Patna through Nagbansh Singh, Male-70 years, S/o Late Hari Narayan Singh, A-14, Bank of India Colony, Ram Nagri More, Ashiayana Nagar, P.S.- Shastri Nagar, Patna ... ... Petitioner/s

Versus

1.

Union Bank of India pursuant to amalgamation of Corporation Bank and Andhara Bank into Union Bank of India Scheme, 2020, issued by Government of India vide Gazette Notification dt. 4th March, 2020 though Chairman, Union Bank of India, 239, Vidhan Bhawan Marg, Naiman Point, Mumbai 2.

Authorized Officer/Chief Manager, Union Bank of India, Regional Office, Chunni Plaza Complex-B, Near NMCH, Kankarbagh, Patna 3.

Branch Manager, Union Bank of India, Hathikhana, Danapur Cantt, Danapur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Jha, Advocate For the Respondent/s :

Mr. Kumar Alok, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.8436 of 2021 dt.15-12-2021 2/3 It is not disputed that challenging the order dated 11th of February, 2019 passed by the Debt Recovery Tribunal, Patna, in S.A. No. 153 of 2017, titled as M/s Pragana Danwar Food Processor Pvt. Ltd. & Ors. Vs. The Authorized Officer/Chief Manager, Corporation Bank & Ors. (Annexure-4), the respondent Bank has preferred an appeal, which is pending before the competent authority.

It is the case of the petitioner that despite the respondent Bank having lost its case before the Debt Recovery Tribunal, the respondent Bank is pursuing the matter for recovery of the amount by taking coercive steps. In our considered view, all these pleas can be conveniently taken by the present petitioner, who is a party respondent in the proceedings initiated by the Bank, before the Appellate Forum.

Patna High Court CWJC No.8436 of 2021 dt.15-12-2021 3/3 As such, we dispose of the present petition, reserving liberty to the petitioner to raise all such pleas in the proceedings initiated by the Bank, before the Appellate Forum. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 17.12.2021 Transmission Date