M/S Columbiya Paints Industries Private Limited v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6788 of 2023 ====================================================== 1.

M/s Columbiya Paints Industries Private Limited Registered Office at Flat No. 204, Rambilas Enclave, Purbi Lohanipur, Town and District Patna, through its director Ravindra Kumar, aged about 55 years (Male), son of Sri Krishna Kumar Bhagat.

2.

Ravindra Kumar Son of Sri Krishna Kumar Bhagat Resident of Flat No. 204, Rambilas Enclave, Purbi Lohanipur, Town and District Patna ... ... Petitioner/s

Versus

1.

The Union of India Ministry of Finance, Department of Financial Services, New Delhi through its Secretary 2.

Punjab National Bank Corporate Office at Plot No. 4, Sector -10, Dwarka, New Delhi - 110075 through its Managing Director and Chief Executive Officer 3.

The Chief Manager Punjab National Bank, East Gandhi Maidan Branch, East Gandhi Maidan, Town and District Patna.

4.

Debts Recovery Tribunal 2nd Floor, A, B and F Wing, Karpuri Thakur Sadan, Ashiana Digha Road, Town and District Patna through its Registrar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Kumar, Advocate For the Respondent/s :

Mr. Anand Kumar, Advocate For UOI :

Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-05-2023 Heard learned counsels for the respective parties.

2. In the instant petition, petitioners have prayed for the following relief/reliefs:

"(a) For issuance of writ in the nature of certiorari in quashing the judgement and order dated 06.02.2023 (Annexure - P/1 of the writ petition) passed by the Learned Presiding Officer, Debts Recovery Tribunal at Patna in O.A. No. 1047 of 2018, whereby and where under all the contentions

Patna High Court CWJC No.6788 of 2023 dt.16-05-2023 2/2 and submission raised and submitted by the petitioners through their written statement or defence and written notes of arguments have not been considered on the ground that they have not substantiated the contents made in their written statement by filing their evidence on affidavit and in the contrary to that the Original Application filed by the Bank was allowed treating not denial of the loan facility and execution of the loan documents as admission by the petitioners.

(b) For any other relief or reliefs for which the petitioners are entitled under law as well as on facts."

3. The present writ petition is not maintainable as the petitioners have remedy of appeal before the Debts Recovery Appellate Tribunal (DRAT). Accordingly, present petition stands disposed of as not maintainable.

4. Petitioners are at liberty to invoke remedy before the DRAT.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.05.2023 Transmission Date NA