M/S Jai Bajrang Bali Vermi Udyog v. Punjab National Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19097 of 2021 ====================================================== 1.

M/s Jai Bajrang Bali Vermi Udyog through its proprietor, Kaushal Kishor, Resident of Rampur Dumra, P.S. Marachi, District- Patna. 2.

Kaushal Kishor S/o Sri Jagat Nandan Singh Resident of Rampur Dumra, P.S. Marachi, District- Patna.

... ... Petitioner/s

Versus

1.

Punjab National Bank Marachi Branch at P.O. and P.S. Marachi, DistrictPatna. 2.

Balram Kumar S/o Ram Narayan Lal Khatri Resident of Bidupur, P.O. and P.S.- Bidupur Bazar, Hajipur Vaishali.

3.

Shyam Shankar Prasad Singh S/o Late Rameshwar Prasad Singh Resident of Tetariya Khurd, P.O. and P.S. Barchatti, Dist- Gaya. 4.

Recovery Officer, D.R.T, A, B, and F, Karpuri Thakur Sadan, 4th Floor, Ashiana Road, Digha Road, Patna- 800025.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Prasad Singh, Sr. Advocate Mr. Vaibhava Veer Shankar, Advocate Mr. Kumar Saurav, Advocate For the DRT :

Mr. Ravinder Kumar Sharma, Advocate Mr. Ravi Bhushan, Advocate For the PNB :

Mr. Kumar Priya Ranjan, Advocate Mr. Ankur Apurv Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 30-06-2022 Heard learned counsel for the parties.

Admittedly, an appeal filed by the petitioners is pending before the Appellate Authority under Section 30 of the Debts Recovery Tribunal, Patna.

A query has been put to learned counsel for the petitioners whether they are ready to withdraw this petition and

Patna High Court CWJC No.19097 of 2021(7) dt.30-06-2022 2/2 raise all his pleas before the appropriate authority, they submitted that they shall be satisfied with a direction given to the said authority to decide the matter within a fixed time frame. Learned counsel for the petitioners shall also be at liberty to file an appeal against the confirmation of sale, if any. The matter shall be taken up at the earliest and the Tribunal shall make an effort to decide the same within two months. It is made clear that till then, the proceedings shall not attain finality. It is also made clear that if any question of limitation arises, it shall not be allowed to stand in the way of the petitioners.

The writ petition stands disposed off.

(Rajan Gupta, J) (Shailendra Singh, J) P. Kumar U