Wp(C)/20077/2015 Of M/S.krishna Ferro Products Ltd v. Commissioner Of Income Tax

05. 01.03.2016 Mr. D.P. Sarangi, learned counsel for the Bank submits that the statement made by him on the last occasion i.e. on 23.02.2016 was erroneous since his client at the time of engaging him had only handed over the copy of the writ application without annexures even though the same had been delivered to them by speed post. Heard Mr. S. Ray, learned counsel for the petitioners and Mr. D.P. Sarangi, learned counsel for the opposite party-Bank. Earlier, the petitioners had filed S.A. No.93 of 2014 before the Debts Recovery Tribunal, Cuttack and since the Presiding Officer, Debts Recovery Tribunal has not passed any order thereon and, in the interregnum, there was no Presiding Officer appointed to the DRT, the present writ application has come to be filed. In the meanwhile, regular Presiding Officer has joined in the D.R.T. In view of the aforesaid subsequent development, we are of the considered view that the present writ application ought not to be entertained since the Presiding Officer is now available before the DRT. Accordingly, while we refrain from exercising writ jurisdiction over this matter, we direct the petitioners to appear before the DRT on 10.03.2016 and to file an application for early disposal of S.A. No.93 of 2014. It is further directed that till final decision is taken on the said application, no coercive action shall be taken against the petitioners and the DRT shall do well to consider and dispose of the pending application of the petitioners after affording adequate opportunity of hearing to the petitioners expeditiously, preferably, within a period of two months from the date of application. Nothing stated in this order amounts to determination of any issue raised in the application pending before the DRT. With the aforesaid observations and directions, the writ application i s disposed of. Urgent certified copy of this order be granted on proper application. .. I. Maha nty,J. ....... Dr.D.P. Choudhury,J.