Central Bank Of India v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21582 of 2013 ====================================================== Central Bank of India, a Body Corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, having its Head Office at Chandramukhi, Nariman Point, Mumbai-400021 - its Constituted Attorney, Manager (HRD), Purnea Regional Office, Bhatta Bazar, Purnea. ... ... Petitioner/s

Versus

1.

The Union of India - through Secretary, Ministry of Finance, Government of India.

2.

Presiding Officer, Debts Recovery, Tribunal, Patna. 3.

Ram Janam Prasad S/O Sri Indradeo Rajak Resident of Mohalla Ram Nagar, Near Polytechnic Chowk, Purnea, P.S- K. Hatt, P.O- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-09-2025

1. No one appears on behalf of the petitioner nor for the respondents.

2. The petitioner has filed the instant application for the following reliefs :- "That the petitioner is filing this writ application for issuance of a writ of certiorari to quash and cancel the order dated 30.9.2013 passed by learned Presiding Officer (Respondent NO. 2) in O.A. No. 70/2012 (Central Bank of India -vs- Sri Ram Janam Prasad & Ors) whereby and whereunder the respondent no. 2 has rejected the exemption petition filed by the applicant Bank for exemption of the Chairmancum-Managing Director of the Bank from being

Patna High Court CWJC No.21582 of 2013(5) dt.08-09-2025 2/2 personally present in the case; and upon setting aside the impugned order, this Hon'ble Court may be pleased to restrain respondent no. 2 from passing such order/orders of personal appearance of the Chairman and Executive Director of the Bank which are wholly beyond the jurisdiction conferred upon a Tribunal constituted under the provisions of the Recovery of Debts Due to Bank and Financial Institutions Act, 1993 (hereinafter referred to as the 'Act') and the respondent no. 2 be restrained from passing orders in the original proceeding for personal appearance of the senior officers of the Bank; and/or issue such other writ/writs, direction/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."

3. As no one appears on behalf of the petitioner, the case is dismissed for non-prosecution.

(Partha Sarthy, J) avinash/- U