Sunita Devi v. Cholamandalam Investment And Finance Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8810 of 2024 ====================================================== 1.

Sunita Devi Wife of Niripendra Kumar, Resident of Mohalla- Shekhpur Near Alok Motors, P.S.- Ahiyapur, District- Muzaffarpur. 2.

Sunita Devi Wife of Bachcha Singh Resident of Village- Madhuban, P.S.- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

Cholamandalam Investment and Finance Company Limited Dare House, 2 N.S.C. Bose Road, Parrys Chennai (Madras) through its Managing Director. 2.

Managing Director Cholamandalam Investment and Finance Company Limited,Dare House, 2 N.S.C. Bose Road, Parry's Chennai (Madras) through its Managing Director.

3.

The Authorized Officer Cholamandalam Investment and Finance Company Limited, Branch 2nd Floor, Ram Rekha Complex Power House Chowk, H.P.O., Muzaffarpur, District- Muzaffarpur.

4.

Sri Kundan Kumar Jha Father's name not known to the petitioner. The Then Authorized Officer, Cholamandalam Investment and Finance Company Limited, Branch 2nd Floor, Ram Rekha Complex Power House Chowk, H.P.O., Muzaffarpur, District- Muzaffarpur.

5.

Sarswati Enterprises Near Mishra Awashiya Hotel, Motijheel, Muzaffarpur, District- Muzaffarpur.

6.

Sri Niripendra Kumar Son of Asharafi Prasad Singh, Sarswati Enterprises, Near Mishra Awashiya Hotel, Motijheel, Muzaffarpur, District- Muzaffarpur. 7.

Bachcha Singh Son of Late Ananda Singh, Resident of Village- Madhuban P.S. Sanaiya, District- Muzaffarpur.

8.

The Debt Recovery Tribunal Patna, through the Union of India. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Upendra Kumar Chaubey, Adv.

For Respondent Nos.1to3:

Mr. Dhananjay Kashyap, Adv.

:

Mr. Nikhil, Adv.

For the Respondent/s :

Mr. Arjun Kumar (Cgc) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-11-2024 It is stated by the counsel appearing on behalf of the respondent-Bank that the petitioners have approached the DRT, Patna by way of S.A. No. 189 of 2024 in respect of the very

Patna High Court CWJC No.8810 of 2024(3) dt.22-11-2024 2/2 same subject property and obtained an interim order in their favors.

2. Learned counsel appearing on behalf of the petitioners seeks permission to withdraw the present writ petition.

3. Permission is accorded.

4. It is made clear that this Court has not gone into the merits of the case and leaving all issues to be adjudicated before the DRT, Patna. The DRT, Patna shall consider the said S.A. independently on its own merits.

5. Having regard to the above, the present writ petition is dismissed as withdrawn.

(A. Abhishek Reddy, J) Ayush/- U