Inderjeet Singh vs The State Of Jharkhand & Ors
2021 Latest Caselaw 4238 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       (Civil Writ Jurisdiction)
                      W.P.(C) No. 4784 of 2008
                          ........

Inderjeet Singh                             .... ..... Petitioner
                            Versus
The State of Jharkhand & Ors.                 .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Petitioner : Mr. Ankit Vishal, Advocate. For the Respondent No.3 : Mr. Sushavan Bhowmik, Advocate. For the Respondent /State : Mr. Suresh Kumar, S.C.(L&C)-II ........

03/17.11.2021.

Heard, learned counsel, Mr. Ankit Vishal on the instruction of learned counsel for the petitioner, Mr. Indrajit Sinha, learned counsel for the respondent No.3, Mr. Sushavan Bhowmik and learned counsel for the Respondent / State, Mr. Suresh Kumar, S.C.(L&C)-II.

The writ petition has been preferred for quashing the entire proceeding in connection with certificate case bearing C.C. No.223(BL) of 2007-08 including the order dated 03.07.2008 passed by learned Certificate Officer, directing for issuance of distress warrant as against the petitioner and recovery of more than 10 lakhs rupees.

Learned counsel for the respondent No.3, Mr. Sushavan Bhowmik has submitted that I.A. No.2090/2021 has been preferred for disposing of this writ petition as the writ petition has already become infructuous as it has been stated at para-5 of the interlocutory application that during pendency of this writ petition in P.T. No.2 of 2012 the learned Presiding Officer, Debts Recovery Tribunal, Ranchi vide Judgment and Order dated 10.06.2015 has decided the matter in favour of Bank / Respondent No.3, as such, nothing more survives and the writ petition may be disposed of.

Upon which learned counsel for the petitioner, Mr. Ankit Vishal has submitted that writ petition may be disposed of, as the interlocutory application has already been served upon them on 06.04.2021, but with a liberty to the petitioner that petitioner can pursue the matter before the Recovery Officer.

Learned counsel for the Respondent / State, Mr. Suresh Kumar, S.C. (L&C)-II has no objection.

After hearing learned counsel for the parties and on the perusal of the interlocutory application bearing I.A. No.2090/2021 since the writ petition has become infructuous, the instant writ petition is disposed of with a liberty to the petitioner to pursue the matter before the Recovery Officer, if pending.

I.A. No.2090/2021 is hereby allowed.

Accordingly, the instant writ petition is disposed of.

(Kailash Prasad Deo, J.) Jay/-