M/S. B.K. Industries Ltd. v. Indian Bank (Erstwhile Allahabad Bank)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11965 of 2022 ====================================================== M/s. B.K. Industries Ltd. having its registered office at B- 104, 4th Floor, Priyadarshi Apartment, Boring Road, Patna- 800001 through its director Mr. Binod Kumar Singh age 56, male, Son of Mr. Ramashish Prasad Singh, resident of B- 401, 4th Floor, Priyadarshini Apartment, Boring Road Crossing, Patna- 800001.

... ... Petitioner/s

Versus

Indian Bank (erstwhile Allahabad Bank) body corporate constituted under incorporated under the banking companies (acquisition and transfer of undertakings) Act, 1980 having its head office at Chennai, earlier at 2, N.S. Road, Kolkata- 700001 and now merged into Indian Bank branch thereof Indian Bank SAMB Patna, Khajpura near Jagdeopath, Bailey Road, Patna800014. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Archana Sinha @ Archana Shahi, Advocate For the Respondent/s :

Mr. Rajan Ghoshrave, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-08-2022 Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.11965 of 2022 dt.24-08-2022 2/3 We are informed that the Hon'ble Presiding Officer of the Debt Recovery Appellate Tribunal ( Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act) is not available for the period of four to six weeks on account of personal engagement. In this view of the matter, we dispose of the present petition in the following mutually agreeable terms:- (i) With the availability of the Hon'ble Presiding Officer, petitioner shall immediately move an application seeking interim protection.

(ii) Petitioner undertakes to file an application seeking interim protection, within one week from the date the Hon'ble Presiding Officer is available. (iii) We request the Tribunal to decide the same expeditiously and preferably within a period of four weeks thereafter.

(iv) Parties undertake to fully co-operate and not take any unnecessary adjournment.

(v) Order assigning reason shall be passed, copy whereof supplied to the petitioner.

(vi) Liberty to reserved to the petitioner to challenge the same, should the need so arise.

Patna High Court CWJC No.11965 of 2022 dt.24-08-2022 3/3 (vii) Till the time petitioner files an application, status quo as on date shall be maintained.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Satyavrat Verma, J) Vikash/Sujit AFR/NAFR CAV DATE Uploading Date 25.08.2022 Transmission Date