Dismissed

Amarjeet Kumar v. The State of Bihar

Patna HC7 Aug 2019CWJC/11520/2019

Case brief

AI extract

What is this about?

The petitioner sought writ interference to stop recovery proceedings over a certified debt of approx. Rs. 99.69 lakhs. The court held that since the recovery certificate was not challenged and no stay existed, Article 226 jurisdiction could not be invoked. The application was dismissed for lack of merit.

What did the court decide?

The writ application was dismissed as it had no merit due to the existence of an unchallenged recovery certificate and lack of stay.

Amarjeet Kumar Vs The State of Bihar — Banking and Recovery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11520 of 2019

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======================================================

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Amarjeet Kumar (Male) aged about 38 years, S/o Shyamnand Shah R/oJhanda Chowk, Purnea Line Bazar, P.O. Purnea Line Bazar, P.S. Purnea Sadar

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... ... Petitioner

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Versus

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The State of Bihar

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The Department of Finance, State of Bihar, through its Principal Secretary.

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The Chairman, State Bank of India State Bank of India,Madam Cama Road,Mumbai,Maharashtra-400021.

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The General Manager, Local Head Office State Bank of India,Patna,Bihar,

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The Chief Manager, Stressed Assets and Recovery Branch (SARB) Patna, Bihar.

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The Chief Branch Manager, ADB Line Bazar,Purnea Branch,State Bank of India, Bihar.

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... ... Respondents

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=============== Appearance : For the Petitioner/s	==== :	=================================== Mr.Mayank Kumar, Advocate
For the SBI	:	Mr. Santosh Kr. Singh, Advocate
For the Respondent/s ===============	: ====	Mr.Shilpi Keshri AC to AAG10 ===================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 07-08-2019 Heard learned counsel for the petitioner and learned counsel for the Bank as also learned A.C. to A.A.G.-X.

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Petitioner, in the present case, is looking for an interference with the ongoing recovery proceeding initiated against him to realize the certificate amount of Rs. 99,69,514.29 issued by the Debts Recovery Tribunal, Patna in O.A. No. 331/2017. The said certificate amount has been awarded together with cost and pendente lite and future

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Patna High Court CWJC No.11520 of 2019(2) dt.07-08-2019 2/3

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interest.

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Learned counsel for the petitioner submits that the Bank had certain duty and obligations to fulfill in terms of the loan sanction letter and because the Bank failed to perform it’s obligation it led to causing financial constraints to the petitioner.

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Learned counsel for the Bank has opposed the writ application saying that the writ application is not fit to be entertained when it is an admitted position that the certificate of recovery is in existence, it has not been challenged and no stay of the operation of the certificate has been granted by the Appellate Tribunal.

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Having heard learned counsel for the parties and on perusal of the records, this court finds that there is a certificate of recovery in terms of Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as the “Act of 1993”). The certificate of recovery is not under challenge before the Appellate Tribunal and there is no stay of the recovery proceeding, in the opinion of this court, the plea which is being raised by learned counsel for the petitioner, at this stage, cannot be tested in a writ

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Patna High Court CWJC No.11520 of 2019(2) dt.07-08-2019 3/3

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jurisdiction. This court sitting under Article 226 of the Constitution of India would not interfere when the recovery proceeding is going on in accordance with law.

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The writ application has no merit. It is dismissed

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accordingly.

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(Rajeev Ranjan Prasad, J)

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Rajeev/-

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Amarjeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amarjeet Kumar v. The State of Bihar

Case brief

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