Writ petition filed to restrain bank from recovery steps pending DRT appeal. Court disposed of petition without entertaining it, directing petitioner to seek early hearing in DRT.
NS
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2436 of 2020
M/s Maa Chinmastika Fuel Pvt. Ltd., Dhanbad represented through its Director, Ram Kumar Singh
..... … Petitioner
Versus
Punjab National Bank, through its Branch Manager, Bank More, Dhanbad …. …. Respondent
-------- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR
-----For the Petitioner : Mr. Sanjay Prasad, Advocate For the Respondent : Mr. Pratyush Kumar, Advocate
Order No. 05 Dated: 18.01.2021
The present writ petition is taken up today through Video conferencing.
2. The present writ petition has been filed for issuance of direction upon the respondent to abstain from taking coercive steps for recovery of loan amount/debt amount which is under challenge in S.A. Case No. 21 of 2020 (wrongly written as ‘SARFESI Appeal No. 21 of 2020’ in paragraph-1 and the prayer portion of the writ petition), pending before the Debts Recovery Tribunal (DRT), Ranchi.
3. Mr. Pratyush Kumar, learned counsel for the respondent-Bank, submits that the DRT, Ranchi is properly functioning at present through virtual mode. Hence, the petitioner may pursue its application being S.A. Case No. 21 of 2020, pending before the said tribunal.
4. Having heard the learned counsel for the parties and keeping in view that the aforesaid application preferred by the petitioner under Section 17 (1) of the Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 is still pending before the DRT, Ranchi, this Court is not inclined to entertain the present writ petition. It is however observed that if the petitioner makes motion before the DRT, Ranchi for early hearing of S.A. Case No. 21 of 2020, the same will be considered and due endeavour will be made by the DRT, Ranchi for expeditious disposal of the same.
5. The writ petition is accordingly disposed of with aforesaid observation.
(Rajesh Shankar, J.)
Ritesh/-
2 issues framed by the court
Whether to issue direction to respondent bank to abstain from coercive recovery steps pending relief from DRT.
Whether writ petition lie while Section 17(1) SARFAESI application is pending before DRT.
1 provisions across 1 enactments
M/s Maa Chinmastika Fuel Pvt. Ltd.
Punjab National Bank
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
