Pranab K. Nandi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.2476 of 2017

1. Pranab K. Nandi S/o Late P. Nandi, Aged About 61 Years R/o 202 Om Garden, Parijat Colony, Nehru Nagar Bilaspur, Chhattisgarh.

2. Smt. Mahua Nandi, W/o Pranab K. Nandi, Aged About 49 Years R/o 202 Om Garden, Parijat Colony, Nehru Nagar Bilaspur, Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Collector, Bilaspur, Chhattisgarh.

2. The Tahsildar, Tahsil Sakri, District Bilaspur, Chhattisgarh.

3. Punjab National Bank Through Its Branch Manager, Sadar Bazar Branch Bilaspur, Chhattisgarh.

---- Respondents For Petitioners : Mr. Ali Asgar, Advocate For State : Mr. Prasun Bhaduri, Government Advocate For Respondent No.3: Mr. Sachin Singh Rajput, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/09/2017 (1) Learned counsel appearing for the respondent No.3 would submit that the original application under Section 19 of the Recovery of Debts Due to Banks & Financial Institution Act, 1993 has been filed by the respondent No.3-Punjab National Bank, Bilaspur against the petitioners being Original Application No.221/2016 before the Debts Recovery Tribunal, Jabalpur. The said application was allowed by the Tribunal on 16.05.2017 in favour of the Bank. (2) Learned counsel appearing for the petitioner would submit that the ex-parte decree has been passed and therefore he may be allowed to prefer an application for modification/review/recall against

the order dated 16.05.2017.

(3) I have heard learned counsel for the parties. (4) Be that as it may, the petitioner is at liberty to proceed in accordance with law against the order dated 16.05.2017 passed by the Debts Recovery Tribunal, Jabalpur and also liberty to make an application for interim relief before the competent authority. (5) With the aforesaid observation, the writ petition stands finally disposed of. No order as to costs.

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