M/S Saraswati Enterprises v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10088 of 2021 ====================================================== M/S Saraswati Enterprises, Proprietor, Sanjay Kumar, Male, aged about 35 years, son of late Satya Narayan Singh, resident of Ward No. 3, Takiya, P.O.- Takiya Bazar, Police Station- Sasaram (Model), District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Authorised Officer, Bank of Baroda, Sasaram, P.O. and P.S. Sasaram, District- Rohtas.

3.

Bank of Baroda, Main Branch, Himanshu Market, Old G.T. Road, Sasaram, District- Rohtas, Bihar.

4.

The Regional Manager, Regional Office, Bank of Baroda, Anand Bihar, 4th Floor, West Boring Canal Road, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Respondent/s :

Mr. Vivek Prasad, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-12-2021 Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.10088 of 2021 dt.15-12-2021 2/3 The present petition, in our considered view, is totally misconceived, inasmuch as, the petitioner has lost before both the forums, constituted under a special statute. Vide judgment dated 17.10.2017, the petitioner's application, being S.A. No. 140 of 2017, titled as M/s Saraswati Enterprises Prop. Sanjay Kumar Vs. Authorised Officer, Bank of Baroda, Sasaram & Ors. (Annexure-2), was dismissed by the Debt Recovery Tribunal, Patna, which order was affirmed by the Debt Recovery Appellate Tribunal in Regular Appeal No. 88 of 2018, titled as M/s Saraswati Enterprises, Proprietor Sanjay Kumar Vs. Authorized Officer, Bank of Baroda, Sasaram & Ors. vide judgment dated 23rd of March, 2021 (Annexure-7). As per the record, as on 4th of April, 2017, petitioner was liable to pay a sum of 52,36,071/- to the ₹ respondent Bank.

Patna High Court CWJC No.10088 of 2021 dt.15-12-2021 3/3 We find no reason to interfere with the findings returned by the authorities below, for there is neither any perversity nor illegality. Also, the petitioner has a remedy of preferring an appeal against the order of Debt Recovery Appellate Tribunal.

In the circumstances, the present petition stands dismissed.

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