Single judge dismissed writ application challenging DR Tribunal order directing petitioner to avail statutory appeal remedy instead of approaching High Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14921 of 2012
====================================================== 1. M/S Raj Paper Products, D.D. Road, P.O. & P.S. Forbesganj, District Araria Through Its Partner Sri Raj Kumar Agrawal S/O Late Kanhaiya Lal Agrawal Resident Of D.D. Road, P.O. & P.S. Forbesganj, District Araria. 2. Raj Kumar Agrawal S/O Late Kanhaiya Lal Agrawal Resident Of D.D. Road, P.O. & P.S. Forbesganj, District Araria. .... .... Petitioner/s Versus 1. The Central Bank Of India A Banking Company Constituted Under The Banking Companies (Acquisition And Transfer Of Undertakings) Act, 1970 Having Its Registered Office Chaner Kukahi, Nariman Point Mumbai Through Its Chairman Cum Managing Director. 2. The Regional Manager, Regional Office, Central Bank Of India, Bhatta Bazar, Purnea. 3. The Branch Manager, Central Bank Of India, Forbesganj, Araria. 4. The Persiding Officer, Depts. Recovery Tribunal, Patna.
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Adv. For the Respondent/s : Mr. Ajay Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
2 23-08-2012 In this writ application, petitioner has challenged the order of the Debt Recovery Tribunal dated 21.03.2012 passed in P.T.No.659 of 1998.
Under the D.R.T. Act, petitioner has a remedy against the said order by filing an appeal before the Appellate Tribunal.
The writ application is accordingly disposed of with
liberty to the petitioner to avail the said remedy.
Arvind/- (Jayanandan Singh, J)
2 issues framed by the court
Whether the writ application challenging the Debt Recovery Tribunal order is maintainable when an appeal remedy exists.
Whether the petitioner is granted liberty to file an appeal under the D.R.T. Act.
M/S Raj Paper Products and Raj Kumar Agrawal
The Central Bank Of India
The Regional Manager, Regional Office, Central Bank Of India
The Branch Manager, Central Bank Of India
The Persiding Officer, Depts. Recovery Tribunal, Patna
Jayanandan Singh
As recorded by the court registry
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