Jitendra Kumar v. The Idbi Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10443 of 2024 ====================================================== Jitendra Kumar Son of Late Jagdeo Singh, Resident of Mehsouri, Ward No. -02, Gaura Shakti, Mahasaurhi, P.S.-Muffasil Khagaria, Dist-Khagaria851205. ... ... Petitioner/s

Versus

1.

The IDBI Bank through the Managing Director and CEO, IDBI Bank, IDBI Tower, WTC Complex, Cuffe Parade, Colaba, Mumbai-400005. 2.

The Managing Director and CEO, IDBI Bank, IDBI Tower, WTC Complex, Cuffe Parade, Colaba, Mumbai-400005.

3.

The Deputy Managing Director, IDBI Bank, IDBI Tower, WTC Complex, Cuffe Parade, Colaba, Mumbai-400005.

4.

The Executive Engineer, IDBI Bank, IDBI Tower, WTC Complex, Cuffe Parade, Colaba, Mumbai-400005.

5.

The Zonal Manager, IDBI Bank, Kashi Place, New Dak Bunglow Road, Bander Bagicha, Fraser Road, Patna-800001.

6.

The Deputy General Manager and Regional Head, Bhagalpur Region, IDBI Bank, Regional Office, Khalifabagh Chowk, Bhagalpur-812001. 7.

The Branch Manager, IDBI Bank, M G Road, Khagaria, Bihar-851204. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Krishna Singh, Adv.

:

Mr. Kundan Kumar Sinha, Adv.

For Respondent :

Mr. Shivendra Kumar Raj, Adv.

For the Respondent/s :

Mr. Sheela Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 29-04-2025 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the parties.

2. Having regard to the fact that the petitioner is having an alternative and efficacious remedy of approaching DRT, Patna under Section 17 of the SARFAESI Act, 2002, this Court is not inclined to entertain the present writ petition. The

Patna High Court CWJC No.10443 of 2024(5) dt.29-04-2025 2/2 present writ petition is disposed of granting liberty to the petitioner to approach the DRT, Patna under Section 17 of the Act. It is made clear that this Court has not gone into the merits of the case and leaving all questions/ issues to be agitated by the parties including the question of putting the account of the petitioner under NPA. In case the petitioner approaches the DRT, the DRT shall deal with the matter strictly in accordance with law. The petitioner is also permitted to file an IA seeking stay of the proceedings initiated by the Bank and if IA is filed, the same shall be heard and necessary orders passed on merits.

3. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U