Petitioner sought writs to quash possession and sale notices and for loan restructuring. Court observed RTB was non-functional, directed petitioner to maintain status quo toward Tribunal until hearing on 15.04.2022, and disposed petition.
Petitioner directed to appear before Tribunal on 15.04.2022; status quo to remain for 15 days; petition disposed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2357 of 2022
======================================================
Shashi Kumar S/o-Vishwanath Sharma, Resident of Sale Tax Lane, South of New Hostel, Ward -28, Damiuchowk, Nayatola, P.S.-Kazi Mohammadpur, Muzaffarpur (Bihar)-842001.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Prashant Kumar, Advocate Mr.Nihar Nandan Ambasta, Advocate For the Respondent/s : Mr. Ajay Kumar Sinha, Sr. Advocate Mr. Ajit Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-04-2022
Petitioner has prayed for the following relief(s):-
“i) A writ in the nature of certiorari or any other appropriate writ or order be issued, quashing the possession Notice dated 03.12.2021 (not served upon the Petitioner), if issued following with the sale notice dated 20.12.2021 issued by the respondent no. 3 in contravention of mandatory provisions of Rule 8 of the Secured Interest (Enforcement) Rules, 2002.
ii) A writ in the nature of mandamus or any other appropriate writ or order be issued, commanding or directing the respondents to consider the requests of the Petitioner for restructuring of his loan accounts upon payment of the overdue amount towards the respective loan accounts by the petitioner.
iii) Any other relief to which the petitioner may be
Patna High Court CWJC No.2357 of 2022 dt.07-04-2022 2/3
found entitled.”
Learned counsel for the petitioner states that the
Debt Recovery Tribunal (hereinafter referred to as the ‘Tribunal’) is now functional and operational.
On 24th March, 2022, we have passed the
following order:-
“We are informed that at this point in time, Debt Recovery Tribunal is not functional. Petitioner is ready and willing to deposit a sum of Rs. 10,00,000/- within next three working days. Status quo as on date shall be maintained. List on 07.04.2022.”
Learned counsel states that liberty be granted to the petitioner to pursue the petition already instituted before the Tribunal, however, the only protection, which is required, is the continuance of the order of status quo granted vide order dated 24.03.2022 till such time, matter is listed and heard by the Tribunal.
As such, we direct the petitioner to appear before the Tribunal on 15.04.2022, inviting attention of the passing of the instant order.
We request the Tribunal to take up the petitioner's application at the earliest.
The order of status quo shall continue to remain in operation for a period of 15 days.
Patna High Court CWJC No.2357 of 2022 dt.07-04-2022 3/3
Instant petition stands disposed of in the
aforesaid terms.
Interlocutory application, if any, also stands
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J) Sujit/- AFR/NAFR CAV DATE Uploading Date 13.04.2022 Transmission Date
Sujit/-
1 issue framed by the court
Whether the Debt Recovery Tribunal can entertain the matter given its non-functionality at that time.
Shashi Kumar
The Bank of India
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
