Jharkhand High Court
Geomax Mines & Minerals Pvt. Ltd. ... vs Union Of India on 28 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
L.P.A. No. 341 of 2021
Geomax Mines & Minerals Pvt. Ltd. through its Authorized Representative
... Appellant
Versus
1. Union of India, through Secretary, Ministry of Finance, Central
Secretariat, North Block, PO+PS New Delhi, New Delhi-110001.
2. Reserve Bank of India, through Governor, 6, Sansad Marg, PO+PS New
Delhi, New Delhi-110001.
3. Punjab National Bank, through its Branch Manager, 2 nd Floor, Mangal
Murti Heights, Harmu Road, PO Harmu, PS Argora, Ranchi-834001,
Jharkhand. ... Respondents
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant : Mr. Biswajit Das, Advocate
Mr. Rahul Dev, Advocate
Ms. Anamika Sharma, Advocate
For the Respondent-PNB : Mr. Parth S.A. Swaroop Pati, Advocate
Mr. Rohan Kashyap, Advocate
For UOI : Mr. Navneet Sahay, Advocate
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Order No.04/Dated 28th March 2022
On the ground of urgency, this matter was mentioned before us
in the morning by Mr. Biswajit Das, the learned counsel for the appellant.
2. The occasion for mentioning this Letters Patent Appeal before
us arose on account of notice dated 28th March 2022 in terms of which all
urgent matters of DB-I can be mentioned before DB-III.
3. Accordingly, L.P.A. No. 341 of 2021 was notified to be listed
at 2:15 PM.
4. Heard.
5. One day's delay in filing the Letters Patent Appeal is condoned.
6. Issue notice.
7. Mr. Parth S.A. Swaroop Pati, the learned counsel, who appears
for Punjab National Bank which is made respondent no.3 in the present
proceeding is in caveat. The learned counsel for respondent no.3 waives
service of notice upon Punjab National Bank.
8. Mr. Navneet Sahay, the learned counsel, who appears for
Mr. Prashant Pallav, the learned Additional Solicitor General of India
waives service of notice upon Union of India-respondent no.1.
9. Mr. Rahul Dev, the learned counsel, who is assisting
Mr. Biswajit Das, the learned counsel for the appellant, informs the Court
that before the writ Court Mr. Pandey Neeraj Rai, the learned counsel, has
appeared for Reserve Bank of India who according to the learned counsel
for the appellant is one of the retained counsels for Reserve Bank of India.
10. Issue notice to respondent no.2 under registered cover with
A/D as well as by ordinary process for which requisites etc. must be filed
within one week. In addition, the appellant shall be at liberty to serve the
notice to respondent no.2 through Mr. Pandey Neeraj Rai, the learned
counsel.
11. Mr. Biswajit Das, the learned counsel for the appellant, has
taken us through relevant portions of the judgment in W.P.(C) No. 2920 of
2020 to submit that besides non-consideration of the issues raised before the
writ Court and unsustainability of the findings recorded in the judgment
dated 27th September 2021, the most glaring flaw in the said judgment is
that after granting interim protection vide order dated 11th November 2020
the writ petition is dismissed as regard a part of the prayer made by the
appellant on the ground of alternative remedy.
12. Submission made at the Bar is that the objection as regards
maintainability of the writ petition should have been decided at the
threshold.
13. The learned counsel for the appellant would submit that now
since respondent no.3 has taken possession of the properties, it would be in
the interest of justice that the appellant is protected by this Court by an
interim order during pendency of the present Letters Patent Appeal,
otherwise the Appeal itself may be rendered infructuous.
14. For the aforesaid reasons, Mr. Biswajit Das, the learned
counsel for the appellant, tries to persuade the Court to grant interim
protection to the appellant, however, at this stage without taking affidavit
from the respondents we are not inclined to pass any order in this regard.
15. Accordingly, the respondents shall file an affidavit within one
week why an order similar to the order dated 11th November 2020 as passed
by the writ Court be not granted in favour of the appellant during pendency
of the present Letters Patent Appeal which shall also govern the secured
properties.
16. Post this matter on 7th April 2022 before the jurisdictional
Bench.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
RKM
