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2019 Supreme(Pat) 1681

ASHWANI KUMAR SINGH, PRAKASH CHANDRA JAISWAL
Ashok Kumar Raut, S/o Late Pulkit Raut – Appellant
Versus
State of Bihar through the District Magistrate, Madhubani, Collectorate, District- Madhubani – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. N. K. Agrawal, Senior Advocate. Mr. Santosh Kumar Singh, Advocate. Ms. Preety Kunwar, Advocate.
For the State : Mr. Ajay Kumar Rastogi, AAG-X. Ms. Shilpi Keshari, AC to AAG-X.
For the Central Bank of India :Mr. Ajay Kumar Sinha, Advocate.

JUDGMENT :

ASHWANI KUMAR SINGH, J.

1. Heard Mr. N. K. Agrawal, learned senior advocate for the appellant and Mr. Ajay Kumar Sinha, learned advocate for the respondent-Central Bank of India (for short 'the Bank') and Ms. Shilpi Keshari, learned Assistant Counsel to learned Additional Advocate General-X, for the State.

2. The present intra court appeal under Clause-10 of the Patna High Court Rules, 1916 has been preferred by the appellant against the order dated 30.04.2019 passed in C.W.J.C. No.25106 of 2018 by the learned Single Judge, whereby the writ petition seeking quashing of the order dated 14.12.2018 passed by the Debt Recovery Appellate Tribunal, Allahabad in Appeal No.156 of 2016 has been dismissed.

3. Mr. N. K. Agrawal, learned senior advocate appearing for the appellant submitted that the learned Single Judge failed to appreciate that the appellant never intended to back out from the commitment made before the learned Single Judge and due to his inability to arrange for the huge amount required for liquidating the loan within time fixed, the appellant had no option but to seek some more indulgence to deposit the closure amount with the Bank. He contended that, if an opportuni

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