IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.1033 of 2010
1. The State Bank Of India through its Chief General
Manager, Local Head Office, Gandhi Maidan, Patna
2. The Assistant General Manager (SARC), State Bank
Of India, Zonal Office, West Of Gandhi Maidan, Patna
3. The Chief Manager (Stressed Assets Resolution
Center), State Bank Of India (SARC), Zonal Office,
Gandhi Maidan, Patna
4. The Chief-Cum-Branch Manager, State Bank Of India,
Maurya Lok Complex Branch, Patna
---- Appellants-Respondents.
Versus
1. Lala Baleshwar Prasad Sinha, S/O Late Ramchandra
Lal, R/O Mohalla- Jai Prakash Lane, New Area
Jakkanpur, P.S.- Jakkanpur, Distt.- Patna
--- Respondent/Petitioner.
2. M/S Alja Health Care At- Jai Prakash Lane, New
Area Jakkanpur, P.S.- Jakkanpur, Distt.- Patna- 800 001
3. Alok Kumar, S/O Lala Baleshwar Prasad Sinha,
Proprietor, At- Jai Prakash Lane, New Area Jakkanpur,
P.S.- Jakkanpur, Distt.- Patna-800 001
------ Respondents/Respondents.
-----------
2. 24.6.2011 Heard Mr. Binay Kumar Singh for the appellant.
This appeal under Clause 10 of the Letters Patent of the
High Court of Judicature at Patna has been preferred by the
petitioner of C.W.J.C. No. 2311 of 2010, and is aggrieved by
the order dated 10.5.2010, whereby the order dated
11.11.2009, passed by the learned Debts Recovery Tribunal
for the State of Bihar at Patna, in O.A. No.17 of 2009 ( State
Bank of India v. M/S Alja Health Care & Ors.), has been
set aside, and the learned Tribunal has been directed to
2
consider the issues afresh in accordance with law and the
observations made in the order for the reasons assigned in
his order, the learned Single Judge has remanded the matter
to the learned Tribunal for a fresh decision. Law is well
settled that the superior court normally does not interfere
with an order of remand, because the parties would not
suffer any loss who have the opportunity to raise all issues of
facts and law before the forum of facts. We agree with the
order of the learned Single Judge. There is no merit in this
appeal. It is accordingly dismissed.
( S. K. Katriar,J. )
Vinay/ (Amaresh Kumar Lal, J.)