M/S Maa Shitla Onion Storage Pvt. Ltd. And ANR v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2915 of 2016 ===========================================================

1. M/s Maa Shitla Onion Storage Pvt. Ltd., Andhana More, Noorsarai, District : Nalanda, through its Director Satish Kumar.

2. Satish Kumar son of Shri Shiv Shankar Thakur, resident of Mohalla - Jalalpur, P.S. Sohsarai, District :-Nalanda.

.... .... Petitioner/s

Versus

1. The Union of India through the Chief Secretary, Department of Agriculture & Co-operation, Ministry of Agriculture, Govt. of India, New Delhi.

2. The Joint Secretary (Marketing), Department of Agriculture and Co-operation (DAC), Ministry of Agriculture, Govt. of India, New Delhi.

3. The Chief General Manager (F & D), National Bank for Agriculture and Rural Development, BKC, Bandra (E), Mumbai - 400051.

4. Managing Director National Bank for Agriculture and Rural Development, Maurya Lok, Patna.

5. The Authorized Officer, Punjab National Bank, Ramchandarpur, near Machhali Market, Biharsharif, District - Nalanda.

6. Senior Manager, Punjab National Bank, Branch Sohsarai, District - Nalanda.

7. Branch Manager, Punjab National Bank, Branch Sohsarai, District - Nalanda. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 11-03-2016 Heard learned counsel for the parties.

At the very outset, learned counsel for the petitioners submits that in view of the nature of the grievance of the petitioners which primarily relates to adjudication of facts with reference to the records, the writ Court may not be the appropriate forum for the present. He accordingly submits that he may be permitted to withdraw the writ petition with liberty to move before the Debt Recovery Tribunal for getting the matter adjudicated, if already not moved.

Learned counsel for the respondents does not

Patna High Court CWJC No.2915 of 2016 dt.11-03-2016 2/2 object.

Having considered the aforesaid, the writ petition stands disposed off as withdrawn with liberty aforesaid. It goes without saying that if an appropriate application is filed before the Debt Recovery Tribunal (D.R.T.) along with a copy of this order within three weeks from today, the D.R.T. shall proceed and hear the matter on merits without rejecting the application on the ground of limitation, to which learned counsel for the respondents have also no objection. (Ahsanuddin Amanullah, J.) P. Kumar U