Dismissed

Ram Shankar Singh v. The State Of Bihar and Ors.

Patna HC22 Aug 2019CWJC/8170/2017

Case brief

AI extract

What is this about?

The petitioner sought a writ against a certificate issued by the Debts Recovery Tribunal without exhausting statutory appeal remedies under the 1993 Act. The Court held that since the judgment was appealable, the writ was properly dismissed though liberty was granted to avail the remedy if any.

What did the court decide?

The writ application is dismissed with liberty to the petitioner to avail the statutory remedy of appeal if any is available.

Ram Shankar Singh Vs The State Of Bihar and Ors. — Banking and Recovery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8170 of 2017

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Ram Shankar Singh Son of Shri Narayan Singh, Resident of Village and P.O.Bihat, Tola- Mansadpur, P.S. Barauni, District- Begusarai.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary, Finance Department, Governmetn of Bihar, Patna.

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The Branch Manager, State Bank of India, Teghra, District- Begusarai.

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Siddharth Lal, Managing Director and Chief Executive Officer, Aiyshar Motors, India, J.B.G. Plot No 96, senior 32, Gurgaon, Haryana.

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The Manager, Pawan Automobile Private limited, N.H.31, Harpur Chowk, P.O.- Tilrath, District- Begusarai.

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The Manager, Marketing Hugal and Works Commerical Chemical Limited L.B. Group and Aishar Motors Joint venture-102 Industrial Area No.1, Pitambar, District – Dhar, Madhya Pradesh.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Abhishek Anand, Advocate Ms. Adhuri Kumari, Advocate For the S.B.I. : Mr. Santosh Kumar Singh, Advocate For the State : Mr. Anuj Kumar, AC to GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 22-08-2019

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Heard learned counsel for the petitioner, learned counsel for the Bank as also learned counsel for the State.

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It appears that the writ application has been preferred against the judgment of the Certificate issued by the Debts Recovery Tribunal in exercise of it’s power under Section 19 of the Recovery of Debts due to Banks, Financial Institutions Act, 1993 (hereinafter referred to as the ‘Act of 1993’) learned counsel for the Bank is correct in saying that the impugned judgment is an appealable judgment in terms of Section 20 of

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Patna High Court CWJC No.8170 of 2017(2) dt.22-08-2019 2/2

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the Act of 1993 and if the petitioner has not availed the statutory remedy of appeal there is no reason why a writ application be entertained at this stage by this court.

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In the given facts and circumstances of the case, the writ application is dismissed but with liberty to the petitioner to avail his remedy if any available in accordance with law.

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(Rajeev Ranjan Prasad, J)

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Rajeev/-

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Ram Shankar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ram Shankar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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