Two writ petitions by Civmil Industries challenging a DRT order under the SARFAESI Act and a DRT recovery certificate were permitted to be withdrawn by counsel; the petitions were dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13368 of 2009
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M/S Civmil Industries Pvt.Ltd. S/O Late R.K.P.N.Singh R/O Prabhat Kunj, Patliputra Colony, P.O And P.S- Patliputra, Patna-800013
... ... Petitioner/s
Versus
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 8752 of 2012
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... ... Petitioner/s
Versus
Patna High Court CWJC No.13368 of 2009(12) dt.13-11-2025 2/4
... ... Respondent/s
====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 13368 of 2009) For the Petitioner/s : Mr. Vikas Kumar, Advocate For the Respondent/s : Mr. Kaushlendra Kr. Sinha, Advocate : Mr Anant Kumar Sharan, Advocate : Mr. Prabhat Kumar Sharan, Advocate : Mr. Hemant Kumar Sharan, Advocate (In Civil Writ Jurisdiction Case No. 8752 of 2012) For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Kaushlendra Kr. Sinha, Advocate : Mr Anant Kumar Sharan, Advocate : Mr. Prabhat Kumar Sharan, Advocate : Mr. Hemant Kumar Sharan, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
12 13-11-2025 Heard the parties.
grant of following relief(s):
“ (I) for issuance of appropriate writ/order quashing order dt. 17.09.2009 (Annex. '15) passed by Debts Recovery Tribunal, Patna, hereinafter referred to as "tribunal", in Serfaesi Appeal No. 01 of 2008 whereby the learned "tribunal" upholding the action of Respondents U/S 13(4) of the Securitisation and Reconstruction of Financial Assets and
Patna High Court CWJC No.13368 of 2009(12) dt.13-11-2025 3/4
Enforcement of Security Interest Act, 2002, hereinafter referred to as "SARFAESI Act", dismissed the aforesaid appeal of Petitioner Company.
(II) (i) for issuance of a writ in the nature of certiorari for quashing of the judgment and certificate dated 01.12.2011 (Annexure-6) passed in O.A. No.-63 of 2002 by Ld. Presiding Officer of Debts Recovery Tribunal (hereinafter called DRT), Bihar, Patna.
(ii) for issuance of a writ in the nature of mandamus directing the respondent Bank to render statement of account for the period 01.04.1993 to 28.08.1995.
(iii) for holding that judgment & certificate dated 01.12.2011 passed/issued in O.A. No.-63 of 2002 in absence of statement of account for the period in question and resolution of accounting disputes between the parties is ab initio unjust and arbitrary.
(iv) for holding that the respondent Bank has consistently and flagrantly violated not
Patna High Court CWJC No.13368 of 2009(12) dt.13-11-2025
4/4
only the directions dated 20.06.2003 and 22.09.2011 of Learned Sub-Judge, Patna passed in T.S. No.-298 of 2002 but has also with impunity followed in breach the order dated 05.11.2007 passed in CWJC No.-13368 of 2007 by Hon'ble High Court for rendition of statement of account for proper adjudication of the accounting disputes between the parties.
(v) for any other reliefs for which the petitioner may be entitled in the facts and circumstances of this case.”
(Rajiv Roy, J)
vinayak/-
U
M/S Civmil Industries Pvt. Ltd.
State Bank of India
Dr. Ravindra Kumar Watsa
Smt. Kishori Singh
Shri Bhushan Singh
Bihar State Financial Corporation
Rajiv Roy
As recorded by the court registry
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