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High Court Of ChhattisgarhWPC/1370/2018disposed off

Ranadas v. M/S Sharvada Marketing Pvt. Ltd.

2018-05-11Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1370 of 2018 Ranadas, S/o Shri Parimal Das, aged about 44 years, R/o House No.6-E(605) 6th Floor, Meghna Block, Merlin Jaishree Vihar Mandi Road, Pandritarai, Raipur, Tahsil & District Raipur (C.G.) ---- Petitioner

Versus

1.

M/s Sharvada Marketing Pvt. Ltd. Through its Director, Madhur Jhawar, S/o Shri Om Prakash Jhawar, aged about 39 years, R/o R-12, 11th Floor, 23A Netaji Subhash Road, Kolkata (West Bengal) 2.

Karnataka Bank Limited, through Authorized Officer, Karnataka Bank Limited, Branch - Jail Road, Raipur, Tahsil & District Raipur (C.G.) 3.

The Collector, Raipur, District Raipur (C.G.) 4.

Tahsildar, Raipur, District Raipur (C.G.) ---- Respondents For Petitioner : Shri Sourabh Sharma, Advocate. For State : Shri Gary Mukhopadhyaya, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 11/05/2018

(1) Learned counsel appearing for the petitioner would submit that the issue raised in this writ petition is squarely covered with the decision rendered by this Court in Writ Petition (C) No. 1995 of 2017 (Dharmendra Kumar Vs. District Magistrate, Raipur & others), decided on 11.08.2017, therefore, this writ petition may be disposed of in terms of paragraph 13 of the aforesaid order, which read as under:-

"13.

In view of the above-state statutory provisions and settled legal principle noticed herein-above, I am of the considered opinion that the petitioner has now a remedy of filing secularization application under Section 17 read with Section 17(4-A) of the Act of 2002 for redressal of his grievances before the jurisdictional Debts Recovery Tribunal. Accordingly, the writ petition is disposed of with reserving liberty to the petitioner to avail such remedy in accordance with law. All the contentions are kept open to be raised and decided by Debts Recovery Tribunal."

(2) In view of above, the writ petition stands disposed of in terms of paragraph 13 of the decision rendered by this Court in Writ Petition (C) No. 1995 of 2017 (Dharmendra Kumar Vs. District Magistrate, Raipur & others), decided on 11.08.2017.

(3) Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-