Kundan Kumar Singh v. Union Bank Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11568 of 2016 =========================================================== Kundan Kumar Singh, Son of - Sri Sajjandhri Singh, Resident of Village- Mohan Pur, Near Nakhu Asthan, P.O & P.S. - Samastipur, District- Samastipur, Proprietor of M/s Kundan Kumar Singh.

.... .... Petitioner

Versus

1. Union Bank of India, a body corporate, Constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, having its Central office at "Union Bank Bhavan" 239, Vidhan Bhavan Marg, Nariman Point Mumbai. 400021 and having one of its regional office at Samastipur and one of its Branch office amongst others places is known as 'Union Bank of India, Samastipur' main Branch represented through the Branch Manager.

2. The Branch Manager, Union Bank of India, Samastipur, main Branch Gola road, Samastipur, District- Samastipur.

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

For the Petitioner : Mr. Shambhu Nath Choubey, Advocate For the Respondents : Mr. Basant Kumar Tripathy, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 25-07-2016 This writ petition has been filed for setting aside the order dated 06.08.2015 passed by the Presiding Officer, Debts Recovery Tribunal, Patna Bench in O.A. No. 181 of 2014 by which the learned Presiding Officer has debarred the petitioner from transferring any property till the payment of decreed amount.

2. At the very outset, this Court takes note that the impugned order of the Debts Recovery Tribunal, Patna is amenable to the statutory appeal in terms of Section 20 of the Recovery of Debts Due to Bank and Financial Institutions Act, 2000 and hence, the petitioner has adequate remedy under the said Statute

Patna High Court CWJC No.11568 of 2016 dt.25-07-2016 2/2 for redressal of his grievances.

3. In the above view of the matter, this Court is not inclined to enter into the merits of the claim of the petitioner. The writ petition accordingly stands dismissed with liberty to the petitioner to approach the appropriate forum as may be available to him in accordance with law for redressal of his grievances.

(Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.07.2016 Transmission Date N/A