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Patna High CourtMJC/944/2023disposed

Sunil Kumar v. Sri Vivek Joshi, The Secretary,

2023-07-26Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.944 of 2023 In Civil Writ Jurisdiction Case No.7802 of 2022 ====================================================== Sunil Kumar, (Male) aged about 52 years, S/o Late Bigneshwar Prasad Rai, Resident of Trisul Sadan, East Boring Canal Road, P.S. - Budha Colony, Town and District - Patna.

... ... Petitioner/s

Versus

1.

Sri Vivek Joshi, The Secretary, Department of Financial Service, Ministry of Finance, IIIrd Floor, Jeevan Deep Building, Sansad Marg, New Delhi 110001 2.

Sri Shailendra Kr. Yadav, The Presiding Officer, Debts Recovery Tribunal, Central Govt. Building, C.G.O. Complex, Ashiana - Digha Road, Near Rajeev Nagar Police Station, Town and District - Patna 800 024. 3.

Sri Praveen Kumar, The Registrar, Debts Recovery Tribunal, Central Govt. Building, C.G.O. Complex, Ashiana - Digha Road, Near Rajeev Nagar Police Station, Town and District - Patna - 800 024. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Alias Sharma, Advocate For the U.O.I.

:

Mrs. Kanak Verma, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-07-2023 Heard Mr. Sunil Kumar Alias Sharma, learned counsel appearing on behalf of the petitioner and Mrs. Kanak Verma, learned C.G.C. for the Union of India.

2. Mrs. Kanak Verma, learned C.G.C. appearing on behalf of Union of India informs this Court that the rent amount and its arrears along with statutory interest has been sanctioned

Patna High Court MJC No.944 of 2023(2) dt.26-07-2023 2/3 by the competent authority and a demand draft of Rs. 5,91,000/- has been prepared in the named of the owner of the premises and the instrument is required to be credited into the account of the petitioner.

3. Considering the development which has taken place in compliance of the order dated 04.01.2023 passed in CWJC No. 7802 of 2022, the Registrar, Debts Recovery Tribunal, Patna, is directed to obtain the bank account number of the petitioner namely, Sunil Kumar, Son of Bigneshwar Prasad Rai, Resident of Trisul Sadan, East Boring Canal Road, Patna 800001, by deputing a responsible employee working under his jurisdiction or he may himself visit the house of the petitioner.

4. The Registrar, Debts Recovery Tribunal, Patna, must ensure that the instrument which he has prepared for the amount so calculated by him must be credited into the account of the petitioner so that petitioner may not face further harassment within two weeks.

5. The Registrar, Debts Recovery Tribunal, Patna, must accordingly file a compliance report before the learned Registrar General of this Court.

6. In the meantime, learned counsel appearing on behalf of the Union of India must not wait for the

Patna High Court MJC No.944 of 2023(2) dt.26-07-2023 3/3 pronouncement of the order and inform the Registrar, Debts Recovery Tribunal, Patna, to comply with the order.

7. Accordingly, the present contempt petition is disposed of.

(Purnendu Singh, J) Niraj/- U