Citation : 2022 Latest Caselaw 4453 Jhar
Judgement Date : 7 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 4427 of 2019
........
M/s Shree Furniture Workshop .... ..... Petitioner Versus The State of Jharkhand & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............
For the Petitioner : None.
For the Respondent/State : Mr. Binit Chandra, A.C. to
Mr. Ashutosh Anand, AAG-III.
For the Respondent/Bank : Mr. P.A.S. Pati, Advocate.
........
The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that the audio and video qualities are good.
05/07.11.2022.
Nobody appears on behalf of the petitioner. However, learned counsel for the respondent/State, Mr. Binit Chandra, A.C. to Mr. Ashutosh Anand, AAG-III and learned counsel for the respondent/Bank, Mr. P.A.S. Pati are present.
Learned counsel for the respondent/State, Mr. Binit Chandra, A.C. to Mr. Ashutosh Anand, AAG-III has submitted, that petitioner has come before this Court against the order passed by Debt Recovery Tribunal, as such, the same is not maintainable here.
Learned counsel for the respondent/Bank, Mr. P.A.S. Pati has submitted, that under Section 20 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the appeal is to be filed before the Debt Recovery Appellate Tribunal at Allahabad and as such, the writ petition is not maintainable in view of the judgment passed by the Apex Court in the case of United Bank of India Vs. Satyawati Tandon reported in (2010) 8 SCC 110.
Though, nobody appears on behalf of the petitioner but the writ petition is itself not maintainable, accordingly, this writ petition is dismissed as not maintainable.
(Kailash Prasad Deo, J.) Sunil/-
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