INDIAN BANK REPRESENTED THRO ITS CHIEF MANAGER MR SURESH CHANDRA CHAUHAN v. DEBTS RECOVERY TRIBUNAL REPRESENTED THRO ITS REGISTRAR
WPC/1995/2024 · 2025-09-18
Rajesh Kumar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 11644 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11644 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:28793 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.1995 of 2024
Indian Bank (Formerly Allahabad Bank), a body corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act 1970, having one of its Branch Office namely Stressed Asset Management Branch, Ranchi, represented through its Chief Manager, Mr. Suresh Chandra Chauhan aged about 46 years son of Surya Bali Chauhan both having their office at Lalpur Chowk, P.O. & P.S. Lalpur, District Ranchi. …… Petitioner Versus
1. Debts Recovery Tribunal Ranchi, represented through its Registrar both having their office at 5th Floor, Pragati Sadan, P.O. G.P.O, P.S. Kotwali, District Ranchi.
2. M/s Atriya Engineering, Srinivas Dinesh through its Director, a Proprietorship concern, having its registered office at Vill: Dugdha, P.O. & P.S. Gamharia, District – Saraikela Kharsawan,
Jharkhand – 832108. also at C/o M/s Saraswati Automotive Pvt. Ltd., B/ 20 2nd Phase, Adityapur Industrial Area, Jamshedpur – 832109, District – Singhbhum (E).
3. Srinivas Dinesh Prabhu, (Proprietor), Son of Sri Dinesh Prabhu, Resident of Flat No.1221, Opal 12, Vijaya Golden Town, P.O. + P.S. - Sonari, Jamshedpur – 831011, District – Singhbhum (E).
4. Arun Kumar Tiwari (Guarantor), S/o Raj Kishor Tiwari, Resident of 295, Bada Gamharia, Thana No.66, P.O. & P.S. Adityapur, District – Seraikella Kharsawan, Jharkhand - 832108.
5. Nirmal Kumar Tiwari (Guarantor), S/o Raj Kishor Tiwari, Resident of 295, Bada Gamharia, Thana No.66, P.O. & P.S. Adityapur, District – Seraikella Kharsawan, Jharkhand - 832108.
…... Respondents ---------
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. P.A.S. Pati, Advocate For the Respondents : ---------
08/Dated: 18
th September, 2025
1. Since the nature of order which is being passed, there is no requirement for issuance of notice upon the respondents.
2. The present writ petition has been filed for the - 1 - W.P.(C) No.1995 of 2024
2025:JHHC:28793 following reliefs :-
“(a) For quashing the order dated 21.02.2022 passed in O.A. No. 133/2020 by the respondent no.1 whereby and whereunder the Ld. Tribunal has ordered that the petitioner shall not take any coercive action without obtaining order of the Ld. Tribunal; (b) For a further direction upon the respondent no.1 to immediately and expeditiously decide the case being O.A. No. 133/2020 without any further adjournments or delay.”
3. Specific query has been raised whether the Tribunal is functioning or not. In this regard it has been submitted that the Tribunal is functional since 04.08.2025.
4. In that view of the matter, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a direction upon the Tribunal to decide the matter in time bound manner as prescribed under the law.
5. In view of the above factual matrix and submission of
learned counsel for the petitioner, the present writ petition is hereby disposed of giving liberty to the petitioner to pursue his remedy before the concerned Tribunal and the Tribunal is
directed to decide the issue within time frame as stipulated in the law.
6. With above discussion and direction, the present writ petitions stand disposed of.
7. Pending interlocutory application, if any, also stands
disposed of.
(Rajesh Kumar, J.) 18th September, 2025 Ravi-Chandan/- - 2 - W.P.(C) No.1995 of 2024