Oral order dismissing a writ application challenging an auction confirmation as not pressed due to the petitioner's failure to appear and pursue the matter.
None; writ application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.602 of 2017
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Bela Sinha widow of late Dilip Kumar Sinha R/o Mohalla - Belisarai, Hotel Pradip, P.S. Town Thana Motihari, P.O. - Motihari, East Champaran, Bihar.
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Vagisha Pragya Vacaknavi, Adv. For the State : Mr.Ruchikar Jha, AC to SC-8 For the Bank : Mr. Ajay Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
4 08-08-2019
Ms. Vagisha Pragya Vacaknavi, learned counsel
appears and submits that her client has already taken away the brief from her office.
No one else appears on behalf of the petitioner. Learned counsel for the bank is, however, present.
It appears from perusal of the writ application that the petitioner has challenged the order dated 28.04.2016 passed by the Recovery Officer, Debts Recovery Tribunal, Patna in R.P.
Patna High Court CWJC No.602 of 2017(4) dt.08-08-2019 2/2
Case No.73 of 1999 by which the Recovery Officer has confirmed the e-auction sale of the land and building in question.
Learned counsel for the bank submits that the order passed by the Recovery Officer is an appealable order under Section 30 of the Recovery of Debts Due to Banks and Financial Institution Act, 1993. Instead of pursuing his remedy in appeal the petitioner preferred to file this writ application. It is his submission that the writ application is even otherwise not fit to be entertained as the sale in question has already been confirmed in favour of the auction-purchaser.
Since no one has appeared on behalf of the petitioner to press this writ application, this Court has reasons to believe that the petitioner has lost interest in this case. Even otherwise, this writ application is not fit to be entertained against the order of Recovery Officer.
This writ application thus stands dismissed as not pressed.
(Rajeev Ranjan Prasad, J)
arvind/-
U
Bela Sinha
The State Of Bihar through the District Magistrate, Motihari, East Champaran
The District Magistrate, Motihari, East Champaran
The Superintendent of Police, Motihari, East Champaran
The Station House Officer, Town Thana, Motihari, East Champaran
The Central Bank of India
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
