M/S Pooja Hi Tech Construction Pvt. Ltd. v. The Registrar Debt Recovery Tribunal And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8279 of 2014 =========================================================== M/s Pooja Hi-tech Construction Pvt. Ltd., Jaganpura Road, Brahmpur, Ramkrishna Nagar, Patna 800007, through its Director Shri Prem Ranjan Kumar Son of Late Mathura Singh .... .... Petitioner
Versus
1. The Registrar, Debt Recovery Tribunal, Patna.
2. Punjab National Bank through its Chief Manager, Branch office SARC (Special Asses Recovery Cell), Budha colony, east boring canal road, PS Budha Colony, Distt- Patna.
3. Smt. Poonam Singh W/o Dhananjay Prasad Singh, R/o 203, Minar Plaza Apartment south Gandhi Maidan, PS- Gandhi Maidan, Patna 800001, Proprietor of M/s Tara Automotives having its office Mahatma Gandhi Setu Path at Pahari, Patna 800007.
.... .... Respondents =========================================================== Appearance :
For the Petitioner : Dr. Binay Kumar Singh, Ms. Kumari Rashmi, Advocates For the S.B.I. : Mr. K.K. Sinha, Advocate For the P.N.B. : Mr. Suresh Pd. Singh No.1, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-06-2016 The present writ petition has been filed for quashing the order dated 24.03.2014 passed by the Presiding Officer, Debts Recovery Tribunal, Patna in SA No. 213 of 2013, wherein he has not only entertained the appeal but has also set aside the auction sale.
2. It is common ground among the parties that DRT Appeal No. 51 of 2014 filed by the respondent-Bank before the Debts Recovery Appellate Tribunal, Allahabad is still pending in which the
Patna High Court CWJC No.8279 of 2014 dt.20-06-2016 2/2 petitioner has already appeared and is contesting the matter.
3. In the above circumstances, this Court is not inclined to take up the matter on merits at this stage.
4. The writ petition stands dismissed with liberty to the petitioner to seek appropriate remedy against the final order passed by the D.R.A.T, Allahabad, if occasion so warrants at the appropriate time.
(Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 21.06.2016 Transmission Date N/A