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2023 Supreme(Jhk) 637

RAJESH SHANKAR
Rajesh Ranjan – Appellant
Versus
Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Surabhi, Mr. Ravi Prakash Mishra
For the Respondent: Mr. Abdul Allam, Sr. Adv., Mr. A. K. Sahay, Mr. Rituraj

JUDGMENT :

The present writ petition has been filed seeking following reliefs:-

(a) For issuance of direction upon the respondents restraining/ prohibiting them from continuing/proceeding with Certificate Case No. 08/15-16 (BOI St. Xavier School Branch, Sector-I, B. S. City Vs. M/s Aso Sales, through its partner, Rajesh Ranjan & Anr.), presently pending before the respondent No.2 as well as to quash the aforesaid certificate proceeding being a non-est proceeding.

(b) For declaring that in view of the provisions of Sections 17, 18, 31 & 34 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as ‘the Act, 1993’), the aforesaid certificate proceeding initiated against the petitioner in the year 2015 by the respondent No.1 is not maintainable and is liable to be quashed.

(c) For declaring that exclusive jurisdiction has been vested in the Tribunals constituted under the Act, 1993 for the Banks and financial institutions situated within the respective territorial areas of tribunals and hence the Certificate Officer has no authority to exercise jurisdiction with respect to the issue covered by the Act, 1993.

(d) For declaration that as per Sectio

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