This oral order dismissed a writ petition filed by Kamal Sah against the State of Bihar, the Collector and IDBI Bank managers. The Court dismissed the petition because the petitioner's appeal before a functional Debt Recovery Tribunal was pending.
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.7733 of 2021
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Kamal Sah, son of Anil Kumar Sah, resident of Village- Vidhyadhar Ward No- 06, P.O. and P.S.- Khagaria, Dist- Khagaria.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the IDBI Bank : Mr. Shivendra Kumar Roy, Advocate For the State : Mr. Lalit Kishore ( Ag ) ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
learned advocate has appeared on behalf of the petitioner and argued the matter. Thereafter, advocate
on record, Mr. Pramod Kumar Mallick appeared and submitted that he has not given ‘no objection certificate’ and he shall argue the matter.
Considering the aforesaid controversy, Mr.
Sanjeev Kumar Mishra has withdrawn his Vakalatnama and submits that he is not interested in arguing the
Patna High Court CWJC No.7733 of 2021(2) dt.19-03-2021 2/2
matter anymore.
Heard Mr. Pramod Kumar Mallick, learned
counsel appearing on behalf of the petitioner and Mr. Shivendra Kumar Roy, learned counsel appearing on behalf of the respondent bank.
This Court has enquired from Mr. Mallick, learned advocate whether Debt Recovery Tribunal (DRT) is functional or not. In reply, he has informed this Court that DRT is functional and an appeal is pending before it.
In view of the aforesaid factual position that Debt Recovery Tribunal is functional and the appeal of the petitioner is pending before it, no indulgence is required in the present writ petition
Accordingly, the writ petition stands dismissed.
(Anil Kumar Upadhyay, J)
Shageer/-
U
Kamal Sah
The State of Bihar
The Collector, Khagaria
The Regional Manager, IDBI Bank Limited
The Branch Manager, IDBI Bank Ltd
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
