Bindeshwar Rai vs Punjab National Bank
2021 Latest Caselaw 6170 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.20143 of 2021

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Bindeshwar Rai, S/o Ramashish Rai, R/o Village - Mohanpur, Bariyarpur,

District - Sitamarahi, Bihar.

... ... Petitioner/s

Versus

1. Punjab National Bank through its Branch Manager/Authorized Officer, at

P.O. and District- Sitamarhi.

2. M/s. RKS Int Udyog through its Proprietor Mukesh Kumar, R/o Village and

Post - Banchauri, P.S.- Dumra, District - Sitamarhi, Bihar.

3. Mukesh Kumar, S/o Nagendra Sah, R/o Village and Post - Banchauri, P.S.-

Dumra, District - Sitamarhi, Bihar.

4. Nagendra Sah, S/o Ramkrit Sah, R/o Village and Post - Banchauri, P.S.-

Dumra, District - Sitamarhi, Bihar.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Chandra, Advocate

For the Respondent/s : Mr.Kumar Priya Ranjan, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 15-12-2021 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :-

Patna High Court CWJC No.20143 of 2021 dt.15-12-2021

Dr. K.N. Singh, learned Additional Solicitor Patna High Court CWJC No.20143 of 2021 dt.15-12-2021

General, invites our attention to the notification dated 13 th

of December, 2021, whereby Presiding Officer, Debt

Recovery Tribunal, Ranchi has been given charge of Debt

Recovery Tribunal, Patna.

In this view of the matter, liberty is granted to the

petitioner to move an application for early hearing of the

appeal.

Learned counsel for the petitioner states that for

next three weeks such application shall be moved.

He further states that petitioner is neither a

guarantor nor has he taken any loan. Also, he has got no

connection with private respondent Nos. 2, 3 and 4.

Learned counsel for the respondent states that as

on date physical possession is with the bank though

application under Section 14 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 stands preferred before the

District Magistrate.

We direct, status quo, to be maintained for three

weeks by the parties. Thereafter, interim order shall stand

automatically vacated.

Patna High Court CWJC No.20143 of 2021 dt.15-12-2021

With the aforesaid observation, the present

petition stands disposed of.

Interlocutory Application(s), if any, stands

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 16.12.2021 Transmission Date