Manoj Shankar Singh v. The Debt Recovery Tribunal And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4968 of 2016 =========================================================== Manoj Shankar Singh, S/o Late Krishna Kumar Singh, resident of Mohalla- Nagina House Gandhinagar, Pali Road, Dehri-on-Sone, P.S.- Dehri, District- Rohtas at Sasaram.

.... .... Petitioner

Versus

1. The Debt Recovery Tribunal, situated at 34 Bank Road, Opp.- New Police Line, P.S.- Gandhi Maidan, District- Patna, through its Presiding Officer.

2. The Presiding Officer, Debt Recovery Tribunal, situated at 34 Bank Road, Opp.- New Police Line, P.S.- Gandhi Maidan, District- Patna.

3. The Allahabad Bank, through its Chief Manager, ARBM Patna, situated at Buddha Marg Road, opposite- Kotwali, P.S. - Kotwali, District- Patna.

4. Mukul Shankar Singh, S/o Late Krishna Kumar Singh, resident of VillageAkhori, P.S.- Akhorigola, District- Rohtas. .... .... Respondents =========================================================== Appearance :

For the Petitioner : None For Respondent No. 3 : Mr. Nishi Nath Ojha, Advocate For Respondent No. 4 : Mr. Mukund Jee, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-06-2016 None appears on behalf of the petitioner despite repeated calls.

2. Learned counsel for the respondent-Bank as well as learned counsel for the respondent no. 4 have been heard. It is pointed out that according to paragraph 23 of the writ petition itself, the petitioner had earlier approached this Court in CWJC No. 12889 of 2014 which was dismissed for default. It is further stated that a restoration petition in the said matter has been filed in MJC No. 3007 of 2014 which is said to be pending before this Court.

Patna High Court CWJC No.4968 of 2016 dt.23-06-2016 2/2

3. In the above view of the matter, the present writ petition cannot be maintained and is dismissed. Needless to say the petitioner shall be at liberty to pursue his restoration petition in MJC No. 3007 of 2014, if still pending.

(Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.06.2016 Transmission Date N/A