M/S Bharadwaj Hotel And Resorts ... vs Housing And Urban Development ...
2023 Latest Caselaw 3793 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.1183 of 2019
                                           In
                   Civil Writ Jurisdiction Case No.6426 of 2019
     ======================================================

1. M/s Bharadwaj Hotel and Resorts Private Limited through its Managing Director Samrendra Kumar, C/o M/s. Bhardwaj Distributors, Navratan Hata, NVI Office, N.H.- 31, P.S. and District- Purnea (Bihar).

2. Samrendra Kumar (Gender-Male, aged about 46 Years) Son of Late Sweendra Prasad Thkaur,, C/o M/s Bhardwaj Distributors, Navratan Hara, NVI Office, N.H.31, Police Station and District-Purnea (Bihar).

3. Smt. Ruby (Gender-Female, aged about 44 Years), Wife of Shri Samrendra Kumar, C/o M/s Bhardwaj Distributors, Navtaran Hata, NVI Office, H.H.- 31, Police Station and District-Purnea (Bihar).

... ... Appellant/s Versus

1. Housing and Urban Development Corporation Limited (HUDCO).

2. The Managing Director, Housing and Urban Development Corporation Limited (HUDCO).

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

For the Appellant/s : Mr.Jitendra Prasad Singh, Advocate Ms. Supriya Singh, Advocate For the Respondent/s : Mr. Nihar Nandan Ambasta, Advocate Mr. Prashant Kumar, Advocate Mr. Kritika Upadhya, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 17-08-2023

1. Learned counsel for the appellants submits that

during the pendency of the appeal the property has been sold by

the Recovery Officer I, Debts Recovery Tribunal, Patna.

Appellant No. 2 challenged the same before the Debts Recovery

Tribunal, Patna, which reversed the order of the Recovery Patna High Court L.P.A No.1183 of 2019 dt.17-08-2023

Officer vide judgment dated 28.09.2021 in Appeal No. 06 of

2021. The said judgment was challenged by filing a writ

petition, which was withdrawn with liberty to file an appeal

before the Debts Recovery Appellate Tribunal. Subsequently,

the purchaser approached the Debts Recovery Appellate

Tribunal.

2. In such circumstances, leaving liberty to agitate the

cause before the Debts Recovery Appellate Tribunal, the Letters

Patent Appeal stands closed without prejudice.

3. Interlocutory Application(s), if any, shall stand

closed.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          19.08.2023
Transmission Date