M/S Samrat Vijay Construction Pvt. Ltd. v. State Bank Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.290 of 2020 ====================================================== M/s Samrat Vijay Construction Pvt. Ltd. a company registered under the Companies Act having its registered office at Churi Market, Kadamkuan, Patna- 800003 through its Director Arjun Singh, age about 42 years, Male, S/o Sri Sakal Deo Singh, R/o Flat No. 5A, 5th Floor, Shakti Dham Apartment, Sri Krishna Nagar, Kidwaipuri, Patna- 800001. ... ... Petitioner/s
Versus
1.
State Bank of India through its Chief Manager, Stressed Assets Management (SAMB), at 5th Floor, State Bank of India, Zonal Office Building, Judges Court Road, Patna- 800001.
2.
Presiding Officer, Debts Recovery Tribunal, Wings A and B, 2nd Floor, Karpuri Thakur Sadar, GPOA, Near Rajeev Nagar, P.S. Ashiana Digha Road, Patna- 800025.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Jha, Advocate For the Respondent/s :
Mr.Kaushlendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 30-08-2022 Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
Patna High Court CWJC No.290 of 2020 dt.30-08-2022 2/3 After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, more so in view of the disputed question of fact, fairly states that petitioner be
Patna High Court CWJC No.290 of 2020 dt.30-08-2022 3/3 permitted to take recourse to such equally, efficacious alternative remedies as are available in accordance with law. Permission granted.
We clarify that we have not adjudicated the dispute on merits. All questions of fact and law are left open to be agitated and adjudicated before the appropriate forum in appropriate proceedings.
Needless to add, period for which the petitioner has been pursuing the matter before this Court, shall be excluded for the purpose of condonation.
Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/-Ranjan AFR/NAFR CAV DATE Uploading Date 31.08.2022 Transmission Date