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Patna High CourtCWJC/4007/2014disposed

Syndicate Bank Through The Chief Manager, Patna v. The Union Of India And ORS

2015-02-12Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4007 of 2014 =========================================================== Syndicate Bank Through The Chief Manager (Authorized Officer), Regional Office, Maurya Lok, Patna .... .... Petitioner

Versus

1. The Union of India through The Secretary Economic Affairs And Banking, New Delhi

2. The Debt Recovery Tribunal, Allahabad through Its Registrar, Allahabad, Uttar Pradesh

3. Debt Recovery Tribunal, Patna through its Registrar, Patna, Bihar

4. Vijay Kumar Bairoliya Son of Late Ram Prasad Bairoliya Proprietor of Poonam Cinema, P.S. And P.O.- Lalbagh, District- Darbhanga .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. SIDDHARTH HARSH, Advocate For the Union of India : Mr. Anshuman Singh, CGC Mr. Sanjeev Ranjan, Advocate S.K.Sinha, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 12-02-2015 Heard learned counsel for the petitioner and the respondents.

It is submitted that the Appeal No. 5 of 2014 filed by the petitioner Syndicate Bank against the order dated 28.11.2013 passed by the Debts Recovery Tribunal, Patna in M.A. No. 141 of 2013 has remained pending since January, 2014 and amount of more that Rs. Two crores is due against the borrower. This writ application was filed in view of the fact that the post of the Chairman of the Debts Recovery Appellate Tribunal,

Patna High Court CWJC No.4007 of 2014 dt.12-02-2015 2/2 Allahabad has remained vacant for the last one year and the appeal was not disposed of. But now this is admitted position as per the joint submission made on behalf of the petitioner and respondent no. 1 that the Debts Recovery Appellate Tribunal, Delhi is the incharge of the Debts Recovery Appellate Tribunal, Allahabad also. In above view of the matter, this writ application is being disposed of with a direction to the Debts Recovery Appellate Tribunal, Delhi, which is incharge of Debts Recovery Appellate Tribunal, Allahabad also would take steps for disposal of the Appeal No. 5 of 2014 filed by the petitioner Syndicate Bank on its own merit and in accordance with law.

Since the appeal has remained pending for a long time, it is expected that the Appellate Tribunal will take steps for its expeditious disposal preferably within a period of four months from the date of receipt / production of a copy of this order. (Dr. Ravi Ranjan, J) Spd/- U