Dismissed

M/s Pratik Frozen Food Pvt. Ltd. v. The State Bank Of India and Anr.

Patna HC18 Sept 2019CWJC/13318/2018

Case brief

AI extract

What is this about?

The petitioner challenged the declaration of his account as a Non-Performing Asset. The court held that since the bank had filed an application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 before the Debts Recovery Tribunal, where the petitioner had already appeared, nothing remains for adjudication in the present writ application, which was disposed

What did the court decide?

The writ application was held to be infructuous and disposed of.

M/s Pratik Frozen Food Pvt. Ltd. Vs The State Bank Of… — Banking and Recovery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13318 of 2018

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M/s Pratik Frozen Food Pvt. Ltd., C-13, Bela Industrial Arewa, PhaseII, Muzaffarpur through its Managing Director, Mr. Manish Kumar, son of Arun Kumar Sir Ganesh Dutt Nagar, Road No. 2, Sadar Bhagwanpur, District - Muzaffarpur.

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... ... Petitioner

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Versus

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The State Bank of India, Stressed Assets Recovery Branch, Patna having its office on the 2^nd Floor of the State Bank of India, Patna Main Branch Building, West of Gandhi Maidan in the town and District – Patna.

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The State Bank of India, MIT Branch, Muzaffarpur through the Branch Manager.

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr.Awadhesh Kumar Singh, Advocate For the Respondent/s : Mr.Kaushlendra Kumar Sinha, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 18-09-2019 Although learned counsel for the petitioner

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does not agree that the writ application has become infructuous, in view of the statements made on behalf of the Bank that the Bank has filed an application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the ‘Act of 1993’) before the Debts Recovery Tribunal, Patna in which the petitioner has already appeared, in the opinion of this court, nothing survives for adjudication in the present writ application.

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Patna High Court CWJC No.13318 of 2018(2) dt.18-09-2019 2/2

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The grievance of the petitioner is that his account has been wrongly declared Non-Performing Asset (in short ‘NPA’). Since the petitioner has already appeared in the O.A. all these arguments may be taken before the Debts Recovery Tribunal. The application is therefore held to have become infructuous and is disposed of accordingly.

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(Rajeev Ranjan Prasad, J)

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Rajeev/- U

M/s Pratik Frozen Food Pvt. Ltd. v. The State Bank Of India and Anr.

Case brief

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M/s Pratik Frozen Food Pvt. Ltd. v. The State Bank Of India and Anr.

Case brief

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What did the court decide?

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