Kulganga Enterprises Private Limited v. Managing Director And Chief Executive Officer Bank Of Baroda

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7617 of 2022 ====================================================== Kulganga Enterprises Private Limited a company registered under the Indian Company Act, having registered office at Flat No. 406, Shyam Bindeshwar Residency, Sharma Path, Khajpura, Bailey Road, P.S.-Shastri Nagar, District Patna through its Director Santosh Kumar, Male, aged about 45 years, son of Shri Bhagwan Lal Jha, resident of Flat No. 122, Jamuna Apartment, Boring Road, Bailey Road, P.S.-Shri Krishna Puri, District-Patna. ... ... Petitioner/s

Versus

1.

Managing Director and Chief Executive Officer Bank of Baroda Baroda Corporate Centre, C-26, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.

2.

General Manager @ Head MSME Banking Department, Bank of Baroda, Baroda Corporate Centre, C-26, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.

3.

General Manager, Bank of Baroda, Zona Office, 5th Floor, Anand Vihar, Panchmukhi Mandir, West Boring Canal Road, Patna, Bihar-800001. 4.

Regional Manager, Bank of Baroda, Regional Office, 5th Floor, Anand Vihar, Panchmukhi Mandir, West Boring Canal Road, Patna, Bihar-800001. 5.

Chief Manager, Bank of Baroda, MSME Kadamkuan Branch, Geeta Bhawan, Patna, Bihar-800003.

6.

Resurgent India, Corporate Office at 903-904, Unitech Business Zone, Tower C, Nirvana Country, Sector-50, Gurgaon. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D. V.Pathy, Advocate Mr.Sanjeev Ranjan, 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 : 20-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

2/5

3/5 It is a matter of record that pursuant to our order dated 13.01.2022 passed in CWJC No. 13108 of 2021, titled as Kulganga Enterprises Private Limited Versus Managing Director and Chief Executive Officer, Bank of Baroda and Ors.,

4/5 the writ petitioner had approached the respondent Bank. Perhaps, the decision taken is not acceptable to the petitioner. Resultantly, parties are now litigating before the Debt Recovery Tribunal.

Shri D. V. Pathy, learned counsel appearing for the petitioner, states that petition be disposed of with a direction to the Tribunal to decide the matter expeditiously. No one can have any objection to the same.

Shri Vivek Prasad, learned counsel representing the respondent Bank, states that parties would fully co-operate and request the Tribunal for deciding the matter expeditiously. As such, the petition stands disposed of in the following mutually agreeable terms:- (a) Petitioner shall make himself available before the Tribunal on 29.07.2022 at 10:30 A.M.;

(b) The Tribunal shall take a decision on the petitioner's request within a period of six months; (c) Parties shall fully cooperate and not take unnecessary adjournment;

(d) Liberty reserved to the petitioner to move an application before the Tribunal seeking interim protection; (e) We have not expressed any opinion on merits.

5/5 All issues are left open.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/-Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date 21.07.2022 Transmission Date NA