Pankaj Kumar Agrawal v. The State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.660 of 2020 ====================================================== Pankaj Kumar Agrawal Son of Satya Narayan Prasad Agrawal Resident of 301, Ranjeet Apartment Talpatra Complex, Budh Marg, Police StationKotwali, District- Patna. ... ... Petitioner/s

Versus

1.

The State Bank of India Through its Chairman State Bank Bhawan, Madam Cama Road, Nariman Point, Mumbai- 400021.

2.

Chief Manager State Bank of India Maurya Lok Complex Branch, Patna. 3.

Rajiv Chandra Saraf Son of Late Chandra Saraf Opposite Durga Mandir Sharaf Market, Govind Mitra Road, Police Station- Pirbahore, DistrictPatna. 4.

Debt Recovery Tribunal Patna.

5.

Recovery Officer Debt Recovery Tribunal, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Respondent/s :

Mr.Kaushlendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 18-02-2020 1.

The learned counsel for the petitioner fairly submits that there is a remedy of appeal before the Debt Recovery Tribunal, Patna, hence the petitioner be granted liberty to approach the Debt Recovery Tribunal, Patna. However, it is submitted that it be directed that during the interregnum period, no coercive steps shall be taken.

2.

Having regard to the short prayer made by the petitioner, I deem it fit and appropriate to grant liberty to the petitioner to approach the learned Debt Recovery Tribunal, Patna for the purposes of filing an appropriate appeal. It is

Patna High Court CWJC No.660 of 2020 dt.18-02-2020 2/2 further directed that during the interregnum period i.e. for a period of six weeks from today, no coercive action shall be taken against the petitioner, in order to enable the petitioner to file appropriate appeal and seek interim orders. It is further clarified that the present interim order shall be in operation only for a period of six weeks from today and not later than that. 3.

Accordingly, the present writ petition stands disposed off as not pressed, however with the aforesaid liberty. It is needless to state that in case, the petitioner files an appropriate appeal within a period of six weeks from today, the same shall be considered on merits.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.02.2020 Transmission Date NA