Patna High Court - Orders
M/S Purnea Cold Storage vs The State Bank Of India & Anr. on 16 May, 2014
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Review No.350 of 2013
In
Letters Patent Appeal No. 1743 of 2012
In
Civil Writ Jurisdiction Case No. 8746 of 2012
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M/S PURNEA COLD STORAGE, a Proprietorship concern through its
proprietor Amar Nath Tiwari, Son of Late Bibhuti Nath Tiwari, Resident of
Mohalla Madhubani, P.S. K. Hat, District-Purnea
.... .... Respondent/Petitioner
Versus
1. THE STATE BANK of INDIA through the Deputy General Manager/
Authorised officer, State Bank of India, Stressed Assets Management
Branch (SAMB), Fifth floor, Administrative office, J.C. Road, Patna-
800001 ......... Appellant/Opposite Party
2. The Presiding officer, Debt Recovery Tribunal, 34, Bank Road, Opp New
Police Line, Patna-800001
.... .... Respondent/Opposite Party
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Appearance :
For the Petitioner/s : Mr. Arbind Kumar Jha, Advocate
For the Respondent State Bank of India : Mr. Sanjiv Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 16-05-2014This Application for review has been filed by the writ petitioner M/s Purnea Cold Storage for review of our judgment and order dated 31st July 2013 passed in Letters Patent Appeal No. 1743 of 2012.
Having lost before the Division Bench and in Civil Review No. 287 of 2013 the writ petitioner has sought review of Patna High Court C. REV. No.350 of 2013 (4) dt.16-05-2014 2/2 the aforesaid judgment and order on the same ground as in Civil Review No. 287 of 2013.
We are convinced that no ground for review has been made out. We are further convinced that under the guise of Review Petition, the writ petitioner seeks re-hearing of the Appeal on merits and also attempts to avoid the consequences under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Such attempt requires to be discouraged at all costs.
Petition is dismissed with costs quantified at Rs.5000/- (five thousand).
(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) mrl