Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11824 of 2023 ====================================================== Gautam, Son of Sunil Kumar Singh, resident of Hanuman Nagar behind the S.P. Kothi, P.S. K. Hatt, District Purnea, proprietor of M/s Maheshwari Distributor, situated at R.B. Lane, P.S. Forbesganj, District Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Finance, Govt. of Bihar, Patna.

2.

The Deputy Director, Finance Directorate, Department of Finance, Govt. of Bihar, Old Secretariat, Room No. 18, Patna - 15. 3.

The District Magistrate, Araria.

4.

The Managing Director, UCO Bank, Head Office 10 BTM, Sarani, Kolkata - 70001 (West Bengal).

5.

The Zonal Manager, UCO Bank Zonal Office, Sona Jageshwar Complex, Traffic Chowk, Begusarai - 851101.

6.

The Zonal Manager (Administration), UCO Bank 4th Floor, Maurya Lok, New Dakbunglaw Road, Patna - 1.

7.

The Branch Manager, UCO Bank, Library Road, Forbesganj, District Araria - 854318.

8.

Avinash Kumar Singh, son of Bimal Kumar Singh, resident of mohalla Sadar Road, Vikash Market, Ward No. 10, Forbesganj, District Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh, Adv.

For the UCO Bank :

Mr. Ranjeet Kr. Pandey, Adv.

For the State Mr. Vikramdit, AC to SC 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 11-10-2023 Even though the learned counsel appearing on behalf of the petitioner has argued at length on the merits of the case, this Court has expressed that it is not inclined to entertain the present writ petition as the petitioner has an alternative and efficacious remedy of filing an appeal under Section 18 of the SARFAESI Act against the final order passed by DRT, Patna.

Patna High Court CWJC No.11824 of 2023(5) dt.11-10-2023 2/2

2. Admittedly in the case, the final orders have been passed in S.A. No.114 of 2021 on 03.07.2023. At this stage, the petitioner seeks to withdraw the present CWJC with a liberty to approach the D.R.A.T., Allahabad.

3. Having regard to the same, the petitioner is permitted to withdraw the CWJC with a liberty to approach the D.R.A.T., Allahabad within a period of four weeks from today. On such appeal being filed, the same shall be considered on its own merits strictly in accordance with law. The petitioner is entitled to raise all grounds and the same shall be considered of by the D.R.A.T., Allahabad.

4. With the above direction the CWJC is disposed off as withdrawn with the aforesaid liberty.

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