M/S Nandan Ghar Sansar Developers ... vs The United Commercial Bank
2022 Latest Caselaw 895 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8801 of 2020
     ======================================================

M/s Nandan Ghar Sansar Developers Pvt. Ltd. A Company incorporated under the provision of Company Act, 1956, having its registered office at Saroj Complex, Motijheel, Muzaffarpur, through its Managing Director, Sudheesh Nandan Singh, aged about 58 years, Gender- Male, Son of Dr. Siyaram Sharan Singh Saroj, Rambagh Road, Adarsh Marg, Mehta Compound, Musahri, P.O. Ramna, P.S.- Mithanpura, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The United Commercial Bank, Head Office Biptabi Tarallokya Bhawan, Maharaj Barabourm Road, Kalkata- 700001.

2. The Senior Manager UCO Bank, Muzaffarpur Branch, Jawaharlal Road, Muzaffarpur, District- Muzaffarpur.

3. The District Magistrate Muzaffarpur, District- Muzaffarpur.

4. The President, Asset Re- construction Company (India) Ltd., The Rudy, 10th Floor, 29, Senapati Bapat Marg, Dadar (West), Mumbai- 400028.

5. Dev India Projects Private Limited through its Director Mr. Abhishek Kumar having its registered office at opposite Bagla Mukhi Mandir, Nathani Campus (ICE Factory), Kachhi Sarai Road, Muzaffarpur, District- Muzaffarpur, Bihar- 842002.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. S. Azeem, Advocate For the Respondent/s : Mr.Anil Kr. Singh, GP 26 For the UCO Bank : Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)

Date : 02-02-2022

The matter has been heard via video conferencing.

Admittedly, auction of the property has already taken

place and 3rd party right has been created. The matter is pending Patna High Court CWJC No.8801 of 2020 dt.02-02-2022

before the appellate body at Allahabad which has jurisdiction over

the issue.

Faced with the situation, we have asked counsel for the

petitioner whether he would prefer to pursue the said remedy. He

submits that he would do so. However, he seeks a direction for

expeditious disposal thereof. We accept this prayer.

We, thus, hereby direct that in case the proceedings are

pending before the DRAT, the same may be expedited. In case,

petitioner seeks any interim relief, he shall be at liberty to move

an appropriate application before the said forum.

The petition stands disposed off.

(Rajan Gupta, J)

(Mohit Kumar Shah, J)

P. Kumar/Anand Kr.

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