Prabhat Ku Banerjee v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

OJC No.1722 of 1999 Prabhat Kumar Banerjee ....

Petitioner Mr. B. Pr. Das, Advocate -versusUnion of India & others ....

Opposite Parties Mr. Prabhu Prassana Behera, Advocate for the Union of India

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. SAHOO ORDER (Oral) 11.01.2022 Order No.

06. 1. This matter is taken up through Virtual Mode.

2. The challenge in the present writ petition is to the vires of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; as also the establishment of the Debts Recovery Tribunal, Patna and the appointment of Presiding Officers.

3. Mr. Behera, learned counsel for the Union of India submits that the present writ petition has become infructuous as the vires of the aforesaid enactment were upheld by the Hon'ble Supreme Court in the case reported as Union of India v. Delhi High Court Bar Association, AIR 2002 SC 1479: (2002) 4 SCC 275.

4. In view of the above, the writ petition is dismissed as infructuous.

5. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner

// 2 // prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(Jaswant Singh) Judge (M.S. Sahoo) Judge January 11th, 2022 Cuttack AKK