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Patna High Court - Orders

M/S Purnea Cold Storage vs The State Bank Of India & Anr. on 10 April, 2014

Bench: Chief Justice, Ashwani Kumar Singh

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                            Civil Review No.287 of 2013
                                                                 In
                                       Letters Patent Appeal No. 1743 of 2012
                                                                 In
                                 Civil Writ Jurisdiction Case No.8746 of 2012
                  ======================================================
                  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/Authorized Officer, State Bank of India, Stressed Assets
                  Management Branch (SAMB), Fifth Floor, Administrative Office, J. C.
                  Road, Patna-800 001.
                                                                       .... .... Appellant-Opposite Party
                  2. The Presiding Officer, Debt Recovery Tribunal 34, Bank Road, Opp.
                  New Police Line, Patna-800 001.
                                                                      ... .... Respondent-Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner           :        Mr. Arbind Kumar Jha, Advocate
                  For the Respondent No.1 :             Mr. Sanjiv Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                             And
                             HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                  ORAL ORDER
                  (Per: HONOURABLE THE CHIEF JUSTICE)


3.   10-04-2014

This Application for review and recall of our order dated 17th July 2013 made in Letters Patent Appeal No.1743 of 2012 to the effect, "Heard. Order is reserved" has been made by Patna High Court C. REV. No.287 of 2013 (3) dt.10-04-2014 2/2 the respondent on the premise that the matter was not at all heard on merits on 17th July 2013.

It appears that since the hearing on 17th July 2013, the judgment in the Letters Patent Appeal No.1743 of 2012 was pronounced on 31st July 2013. On that day the learned advocate did not raise any objection.

Not only the application is frivolous, based on false statements and misrepresentation; the learned advocate does not have the courtesy to inform the Court that the judgment has been pronounced as early as on 31st July 2013.

Application is rejected.

(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sunil/-