Citation : 2021 Latest Caselaw 5931 Patna
Judgement Date : 7 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 4454 of 2021
======================================================
M/s Dev Shiva Agro Pvt. Ltd. Represented through Smt. Ram Dulari Devi aged about 60 years (Female), wife of Vijay Kumar Singh Managing Director, Resident of Chandra Hatti, P.S.- Kurhani, District- Muzaffarpur.
... ... Petitioner/s Versus
1. Canara Bank, a banking company incorporated under the Banking Companies (Acquisition and Transfer of under taking) Act 1970 having its office at Muzaffarpur Main Branch, Motijheel, Muzaffarpur Bihar- 842001.
2. The Authorised Officer, Canara Bank, carrying out its statutory function from Muzaffarpur Main Branch, Motijheel Muzaffarpur- 842001.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Majid Mahboob Khan, Advocate For the Respondent/s : Mr. Ratnesh Nandan Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)
Date : 07-12-2021
Heard learned counsel for the parties.
At the outset, learned counsel for the respondents
submits that the entire action of the Bank under the SARFAESI
Act has been declared void by the Debts Recovery Tribunal. A
copy of the order has been handed over to learned counsel for the
petitioner.
Learned counsel for the Bank has produced a copy of
the order. The same has been taken on record. A perusal thereof Patna High Court CWJC No.4454 of 2021 dt.07-12-2021
shows that the entire action under the SARFAESI Act has been
declared void by the Presiding Officer, Debts Recovery Tribunal.
In view of the same, the petition has been rendered
infructuous.
Accordingly, the petition stands dismissed as
infructuous.
(Rajan Gupta, J)
(Mohit Kumar Shah, J)
P.Kumar/Anand Kr.
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