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2025 DAILYLAW 23867 (JHR)

ARNAB KUMAR SARKAR v. THE DEBTS RECOVERY TRIBUNAL, RANCHI THROUGH ITS REGISTRAR

WPC/5255/2024 · 2025-01-29

Deepak Roshan

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 5255 of 2024 --------- 1. Arnab Kumar Sarkar, son of late Barun Kumar Sarkar, aged about 48 years, Resident of Mango-37, Old Subhash Colony, Mango, P.O. and P.S. Mango, Jamshedpur, District- East Singhbhum-831012. 2. Smt. Sulekha Sarkar, Wife of late Barun Kumar Sarkar, aged about 71 years, Resident of Mango-37, Old Subhash Colony, Mango, P.O. and P.S. Mango, Jamshedpur, District-East Singhbhum-831012. ..… Petitioners Versus 1. The Debts Recovery Tribunal, Ranchi through its Registrar, 5th Floor, Pragati Sadan, Kutchery Chowk, P.O.-Ranchi, P.S. Kotwali, District-Ranchi 834001 (Jharkhand). 2. The Recovery Officer-I, Debts Recovery Tribunal, Ranchi through its Registrar, 5th Floor, Pragati Sadan, Kutchery Chowk, P.O.-Ranchi, P.S. Kotwali, District-Ranchi 834001 (Jharkhand). 3. M/s. DBS Bank India Limited (Erstwhile Lakshmi Vilas Bank), through Heena Patel, Branch Manager, Jamshedpur Branch, H. No. 66, Sulatmala Complex, Pennar Road, Sakchi, P.O. & P.S. Sakchi, Jamshedpur, District-East Singhbhum-831001. 4. Heena Patel, wife of Kanji Patel, Branch Manager, DBS Bank India Limited, Jamshedpur Branch, H.No. 66, Sulatmala Complex, Pennar Road, Sakchi, P.O. & P.S.- Sakchi, Jamshedpur, District- East Singhbhum-831001. ..... Respondents --------- CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. A.K.Rashidi, Advocate Md. Azam, Adv For the Resp-Bank : Mr. P.A.S.Pati, Adv Mr. Akshay Kumar, Adv --------- 5/29.01. 2025 Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner for quashing of the order dated 14.05.2024 2 (Annexure-8) passed in R.C. No. 593 of 2019 by the respondent no.2 in DBS Bank of India Ltd. Versus M/s. B.K. Sarkar & Ors; whereby respondent no.2 has freezed PAN account of the petitioner- Sulekha Sarkar having PAN No. ARUPS9025N. 3. At the outset, learned counsel for the respondent-Bank submits that the impugned order is appealable before the DRT under Section 30 in The Recovery of Debts Due To Banks And Financial Institutions Act, 1993. 4. Having regard to the aforesaid submission, the instant writ application is, hereby, disposed of by giving liberty to the petitioner either to file an application before the Recovery Officer to release the PAN Card or to file an appeal against the said order before the Tribunal. It goes without saying that if any application is filed, the Tribunal will be decided the issue after hearing both the parties in accordance with law. Needless to say, the concerned authority shall dispose of the application, if filed, preferably within a period of 10 weeks. 5. With the aforesaid liberty, the instant writ application stands disposed of. (Deepak Roshan, J.) Amardeep/