Naresh Kumar Yadav v. The Registrar,Debt'S Recovery

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11924 of 2010 ====================================================== Naresh Kumar Yadav S/O Late Ganesh Gop, R/O Moh-Bhawar Pokhar, P.S.Pirbahore, Distt-Patna .... .... Petitioner/s

Versus

1. The Registrar, Debts Recovery Tribunal For The State of Bihar at Patna Situated at Bank Road, P.S.Gandhi Maidan,Distt-Patna

2. Chanara Bank Main Branch, through it Chief Manager, at South Gandhi Maidan, P.S. Gadhi Maidan, Patna

3. Sri Dinesh Prasad S/O Late Jangli Prasad, R/O Opposite Allahabad Bank, B.N. College, Bakarganj Bajaj Home, Makhania Gali, P.S. Pirbahore at Patna

4. Smt. Madhuri Kumari W/O Sri Dinesh Prasad, R/O Opp. Allahabad Bank, B.N.College, Bakerganj, Bajaj Home, Makhania Gali, P.S.Pirbahore, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bibhuti Prasad Pandey, Sr. Adv. Mr. Shivendra Kumar Sinha For the Respondent No.2 : Mr. Ratnesh Nandan Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-03-2015 Heard learned senior counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondent no.2. However, despite valid service of notice, none is appearing on behalf of the respondent no. 3 and 4. The petitioner has filed the present writ petition under Article 226 of the Constitution of India assailing the validity and correctness of the order/ judgment dated 31.05.2010 (Annexure-4) passed by the learned Debts Recovery Tribunal, Patna in SARFAESI Appeal No.33 of 2008, whereby the aforesaid appeal filed on behalf of the respondent no.4 herein was allowed and auction sale made in favour of the petitioner with respect to the property in question and consequently issuance of sale certificate and its confirmation were cancelled.

When the matter has been taken up for consideration

Patna High Court CWJC No.11924 of 2010 (4) dt.26-03-2015 2/2 today, a supplementary affidavit has been filed on behalf of the petitioner stating therein that against the impugned judgment dated 31.05.2010 (Annexure-4), the respondent Canara Bank- secured creditor had filed Appeal No. 25 of 2010 before the learned Debts Recovery Appellate Tribunal at Kolkata, which was finally allowed by the judgment and order dated 02.05.2012 (Annexure-9 to the aforesaid supplementary affidavit), and impugned judgment dated 31.05.2010 (Annexure-4) has been set aside. In the aforesaid factual matrix, learned senior counsel appearing on behalf of the petitioner has rightly submitted that in view of the judgment passed by the learned Debts Recovery Appellate Tribunal, Kolkata setting aside the impugned judgment dated 31.05.2010 (Annexure-4), cause of action does not survive and the present matter has become infructuous. Learned counsel appearing on behalf of the respondent no.2 supports the aforesaid submission made on behalf the petitioner.

In above view of the matter, the present writ petition stands disposed of as infructuous.

However, it is clarified that if any action is taken with respect to property in question by the respondent no. 3 and 4, then it is expected that before any final decision is taken, an opportunity of hearing shall be given to the petitioner also as he has acquired a legal right with respect to the property in question. (Birendra Prasad Verma, J) BTiwary/- U