Indian Bank v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18140 of 2023 ====================================================== 1.

Indian Bank through its Authorized Officer, BISCOUMAN Bhawan Branch, Patna- 800001.

2.

Chief Manager-cum-Authorized Officer, Indian Bank, BISCOUMAN Bhawan Branch, Patna.

... ... Petitioner/s

Versus

1.

The Union Of India through Secretary, Ministry of Finance, Government of India, New Delhi.

2.

The Presiding Officer, Debts Recovery Tribunal, Patna. 3.

Sharda Devi, Wife of Sri Suresh Singh, Resident of Wrindawan, Ward No. 7, Hajratpur, Sheikhpura, District- Sheikhpura.

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

For the Petitioner/s :

Mr. Rajan Ghoshrave, Advocate For the Respondent/s :

Mr. Additional Solicitor General For the U.O.I.

:

Mr. Ram Anurag Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-11-2025 Heard learned counsel for the parties concerned.

2. The petitioner has filed the present writ application for quashing the order dated 03.10.2023 passed in S.A. No. 316 of 2023 by the Presiding Officer, Debts Recovery Tribunal (DRT), Patna.

3. Learned counsel for the petitioner-Bank submits that Debts Recovery Tribunal (DRT), Patna has exceeded its jurisdiction and has decided the title of the land. Learned counsel submits that Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act suggests that any person aggrieved by

Patna High Court CWJC No.18140 of 2023(2) dt.10-11-2025 2/2 any order made by the Debts Recovery Tribunal (DRT) may prefer an appeal before the Appellate Tribunal within thirty days. Since there is an alternative remedy of appeal before the DRT, accordingly, this writ application is disposed with liberty to the petitioner-Bank to prefer an appeal before the DRAT, Allahabad within a period of period of 30 days from today. If such an appeal is filed along with condonation of delay petition, the DRAT, Allahabad shall consider the same on its merit, taking into consideration the fact that writ petition filed by the petitioner, was pending before this Court since 2023.

4. The writ application, stands disposed of.

(Anil Kumar Sinha, J) Siwani/- U