Rahul Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18803 of 2021 ====================================================== Rahul Kumar S/o Late Suresh Prasad, R/o-Ayodhya Prasad Lane, Motijheel, PS-Town, District-Muzaffarpur.

... ... Petitioner

Versus

1.

The Union of India through the Under Secretary, Department of Financial Services, Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi-1 2.

Punjab National Bank, through the Circle Head, Circle Office Muzaffarpur, Bihar.

3.

Chief Manager Cum Authorized Officer, Punjab National Bank, Circle Sastra Office, Aghoria Bazar, Muzaffarpur, Bihar. 4.

Branch Manager, Punjab National Bank, Moti Jheel Branch, Muzaffarpur Bihar.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Shiv Pratap, Advocate For the Respondents :

Mr. Dr. Krishna Nandan Singh (ASG) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 04-04-2022 It is stated by learned counsel for the parties that the Debt Recovery Tribunal ('DRT' for short) has now become functional where the petitioner can raise the issues as have been raised in the present writ application. The petitioner was compelled to approach this Court by filing present writ application as the DRT was not functional because the post of Presiding Officer of the DRT, Patna was vacant. Learned counsel for the petitioner, in such circumstance seeks permission to withdraw this writ application with a liberty to pursue his Sarfaesi Appeal i.e. SA No. 56/2021

Patna High Court CWJC No.18803 of 2021(8) dt.04-04-2022 2/2 before the DRT, Patna. It goes without saying that the petitioner shall be at liberty to raise all such plea before the DRT, Patna as raised in the said SA No. 56/2021 and other issues as may be legally permissible for him to be raised.

This application is permitted to be withdrawn with the liberty as sought for.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U