High CourtsDivision Bench(2022) 01 OHC CK 0071

Prabhat Kumar Banerjee vs Union Of India & Others

Orissa High Court · Decided on 11 January 2022

HON’BLE JUDGES
Jaswant Singh, J · M.S. Sahoo, J
RESULT
Dismissed
CASE NUMBER
OJC No. 1722 Of 1999

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Judgment

12 paragraphs · 195 words
1.

This matter is taken up through Virtual Mode.

2.

The challenge in the present writ petition is to the vires of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; as also the

establishment of the Debts Recovery Tribunal, Patna and the appointment of Presiding Officers.

3.

Mr. Behera, learned counsel for the Union of India submits that the present writ petition has become infructuous as the vires of the aforesaid

enactment were upheld by the Hon’ble Supreme Court in the case reported as Union of India v. Delhi High Court Bar Association, AIR 2002 SC

1479: (2002) 4 SCC 275.

4.

In view of the above, the writ petition is dismissed as infructuous.

5.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court’s Office Order circulated

vide Memo Nos.514 and 515 dated 7th January, 2022.

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