Jitendra Kumar v. The Idbi Bank
Case brief
What is this about?
Patna High Court; CWJC No.10443 of 2024; decided 29-04-2025 by Justice A. Abhishek Reddy; petitioner Jitendra Kumar (Khagaria); respondents IDBI Bank officials incl. Branch Manager, Khagaria. Keywords: SARFAESI Act 2002 Section 17; Debt Recovery Tribunal (DRT), Patna; alternative and efficacious remedy; writ petition disposed at admission stage with consent; no adjudication of merits; NPA classification of borrower's account left open; permission to file IA for stay of bank's recovery proceedings; DRT to act strictly in accordance with law. Counsel: Bipin Krishna Singh and Kundan Kumar Sinha for petitioner; Shivendra Kumar Raj and Sheela Sharma for respondents.
What did the court decide?
Liberty to the petitioner to approach the DRT, Patna under Section 17 of the SARFAESI Act, 2002, with permission to file an IA seeking stay of the proceedings initiated by the Bank.