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2021 Supreme(Pat) 741

ANIL KUMAR SINHA
Budhu Mini Rice Mill – Appellant
Versus
Madhya Bihar Gramin Bank – Respondent


Advocates Appeared:
Mr.Saroj Kumar, for the Appellant; Mr. Manoranjan Kumar Mishra, Mr. Shiv Pratap, for the Respondent.

JUDGMENT

1. Heard learned Counsel for the parties concerned.

2. The petitioner has preferred this writ application against the order, dated 06.02.2017, passed by the Presiding Officer, Debts Recovery Tribunal, Patna, in O.A. No. 510 of 2016, by which a Recovery Certificate for a sum of R. 29,30,927/- has been issued against the petitioner along with pendente lite and future interest at contractual rate. The petitioner has also prayed for quashing the recovery certificate issued for the recovery of Rs. 29,30,927/-.

3. On the other hand, learned Counsel for the respondents-Bank submits that under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, against any order passed by the Debts Recovery Tribunal, an appeal is maintainable before the appellate authority having jurisdiction in the matter, but the petitioner, instead of preferring an appeal, has challenged the order passed by the Debts Recovery Tribunal and the recovery certificate before this Court, which is not maintainable. He placed the order, dated 06.10.2021, passed in R. P. Case No. 116 of 2017 and from perusal of the same, it appears that an offer was made by the certificate debtor before the Recovery Officer showi

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