Pappu Rajak, v. The Dakshin Bihar Gramin Bank,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21389 of 2019 ====================================================== Pappu Rajak, Son of Jagan Rajak, Resident of Mohalla- Vijay Bigha Devi Sthan, P.O.- R S Gaya, District-Gaya.

... ... Petitioner/s

Versus

1.

The Dakshin Bihar Gramin Bank, through the Chairman-cumManaging Director, having Head Office at Sri Vishnu Commercial Complex, Laxmi Nagar, Ashochak, Patna-800016. 2.

The Chairman-cum-Managing Director, Dakshin Bihar Gramin Bank, having Head Office at Sri Vishnu Commercial Complex, Laxmi Nagar, Ashochak, Patna-800016.

3.

The Regional Manager, Dakshin Bihar Gramin Bank, Regional Office, Gaya 371/A A.P. Colony, Gaya.

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

For the Petitioner/s :

Mr. Abhay Kumar Thakur, Advocate Mr. Arvendra Kumar Thakur, Advocate Ms. Sukriti Kumari, Advocate For the Respondent/s :

Mr. Mahesh Narayan Parbat, Sr. Advocate Mr. Ved Prakash Srivastava, Advocate Mr. Sanjay Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-12-2022

Patna High Court CWJC No.21389 of 2019 dt.12-12-2022 2/3 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "I. For referring the matter before the additional dispute redressal forum for settlement and redressal of the grievance of the petitioner.

II. For declaration of notice issued vide letter no. 1492/19 dated 06.05.2019 is bad in law, null and void.

III. For any other relief/ reliefs for which the petitioner found entitled to in the facts and circumstances of the case."

It is not in dispute that proceedings, subject matter of the writ petition, are now also pending before the Debt Recovery Tribunal, Patna, constituted under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

As such, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to pursue the matter before another forum, including the issue, subject matter of the present petition.

Liberty as prayed for is granted.

We only hope and expect that the proceedings before the Debt Recovery Tribunal, Patna would be completed expeditiously, within a period of four weeks.

Patna High Court CWJC No.21389 of 2019 dt.12-12-2022 3/3 All issues raised in the present petition, including that of (a) collusion; under valuation and mala fides, are left open to be adjudicated by the competent authority.

The instant petition stands disposed of as withdrawn in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) avinash/Sujit AFR/NAFR CAV DATE Uploading Date 14.12.2022 Transmission Date