IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21795 of 2019

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M/s Shiv Tally Industries through its proprietor Arbind Kumar aged about 47

years, (Male) Son of Dinesh Rai, resident of Village Dhudhna, P.S.- Jandaha,

Dist.- Vaishali.

... ... Petitioner/s

Versus

1.

The Bank of Baroda, Hajipur Branch, District- Vaishali.

2.

The State of Bihar through District Magistrate, Vaishali.

3.

The District Certificate Officer, Hajipur, Vaishali.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Sabal Kumar Jha, Advocate

For the Respondent No.1 : Mr. Nishi Nath Ojha, Advocate

For the Respondent Nos.2 and 3 :

Mr. Anil Kumar Singh (GP26)

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 13-12-2022

Petitioner has prayed for the following relief(s):

“ That this writ application is being filed

for setting aside the entire proceeding of Case

bearing SARFESI Act no. 04/18-19 pending in the

court of District Magistrate Hajipur (District

Certificate officer) whereby and where under the

learned court has initiate a SARFESI proceeding

without the notice u/s 13(2) of Enforcement of

Security interest under chapter 3rd of 2002.

AND/OR pass such any order/orders, writs/ writ,

Patna High Court CWJC No.21795 of 2019 dt.13-12-2022

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directions/direction for which the petitioner is

entitled to the facts and circumstances of the case.”

Learned counsel for the State states that the present

petition has become infructuous inasmuch as the amount stands

fully paid and the loan account closed.

In view of the fact that Debts Recovery Tribunal is

now functional, learned counsel for the petitioner, under

instructions, seeks permission to withdraw the present petition

reserving liberty to take recourse to such other remedies, as are

otherwise available, in accordance with law.

Permission granted.

We are sure that as and when any such proceedings

are initiated, before the appropriate forum/Tribunal, the same

shall be considered and decided expeditiously, in accordance

with law.

Needless to add, period for which the petitioner has

been pursuing the matter before this Court, shall be excluded for

the purpose of computing limitation.

It is made clear that we have not expressed any

opinion on merits. All issues are left open.

The petition stands disposed of as withdrawn with

the liberty aforesaid.

Patna High Court CWJC No.21795 of 2019 dt.13-12-2022

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Interlocutory application(s), if any, shall stand

disposed of.

Saurabh/P.K.P.

(Sanjay Karol, CJ)

( Partha Sarthy, J)

AFR/NAFR

CAV DATE

Uploading Date

16.12.2022

Transmission Date