IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.233 of 2011 In (CIVIL WRIT JURISDICTION CASE NO. 7925/2011) HEMCHANDRA JAYASWAL, SON OF LATE RAJENDRA JAISWAL, RESIDENT OF MOHALLA NAND GOLA, PATNA CITY, P.S. MALSALAMI, PATNA CITY, DISTRICT PATNA………………………………………….PETITIONER. Versus 1. THE STATE BANK OF INDIA THROUGH ITS MANAGER HAJIGANJ BRANCH, P.S. CHOWK, PATNA CITY, DISTRICT PATNA. 2. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL PATNA 396 EAST BORING ROAD, PATNA PIN 800001. 3. M/S HINDUSTAN INDUSTRIAL ENTERPRISES. THORUGH RANJEET KUMAR JAISWAL SON OF LATE RAJA RAM JAISWAL OF NAND GOLA, P.S MALSALAMI, DIST. PATNA. 4. SRI ARUN KUMAR JAISWAL, SON OF LATE LAXMI PRASAD JAISWAL. 5. DR. PREM KUMAR JAISWAL, SON OF LATE LAXMI PRASAD JAISWAL. 6. SRI RANJIT KUMAR JAISWAL, SON OF LATE RAJA RAM JAISWAL. 7. SRI DEEP NARAIN JAISWAL, SON OF LATE RAJA RAM JAISWAL. 8. SRI UTTAM JAISWAL @ NAVIN KUMAR JAISWAL, SON OF LATE RAJENDRA JAISWAL. 9. SRI KREMENDRA JAISWAL, SON OF LATE RAJENDRA JAISWAL. ALL RESIDENT OF MOHALLA NAND GOLA, PATNA CITY, P.S. MALSALAMI, DISTRICT PATNA. 10. BIHAR STATE FINANCIAL CORPORATION, EXHIBITION ROAD, PATNA, DISTRICT PATNA…….RESPONDENTS. ----------- For the petitioner : Mr. Upendra Prasad, Advocate. Mrs. Veena Kumari Jaiswal, Advocate. For the respondents : None. ----------- 04/ 02.09.2011 Heard learned counsel for the petitioner. No one appears for the respondents. 2. This petition has been filed for review of order dated - 2 - 07.07.2011 by which CWJC No.7925 of 2011 was disposed of with a liberty to the petitioner to approach the Appellate Tribunal. The petitioner is aggrieved by the observation given in paragraph 3 of the said order in which it was found that the order under challenge was passed under Section 25 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and hence a remedy against such an order is provided under section 30 of the said Act but without utilizing the said remedy the petitioner has directly come before this court although the matter in dispute can be properly and fully considered and decided by the Tribunal in such an appeal. 3. Learned counsel for the petitioner submits that Section 30 of the said Act is applicable only to a person upon whom a copy of the order is issued, but in the instant case the order was not issued to the petitioner and hence his remedy was only by way of approaching this court under Article 226 of the Constitution of the India. He also relies upon an order of another Bench of this Court in case of M/s Bhagalpur Foundry Pvt. Ltd. Vs. The State Bank of India & Ors., reported in 2010 (2) PLJR 421. 4. It is not in dispute that the order under challenge was passed by the Recovery Officer of Debts Recovery Tribunal, Patna in R.P. No.35 of 2003 and any person who is aggrieved by the said order can approach the appellate authority under section 30 of the Act. Furthermore, in the said provision there is no such bar as stated by learned counsel for the petitioner. The case law relied upon by learned counsel for the petitioner is also different on facts as in that case the - 3 - question of equity with respect to substitution etc. was involved, but here in the instant case no question of equity is involved which could attract the provision of Article 226 of the Constitution of India. 5. In the aforesaid facts and circumstances, it is quite apparent that the claim of the petitioner is absolutely frivolous and misconceived and the instant review petition has been filed merely for the purpose of delaying the matter before the authority concerned. This court does not find any error apparent on the face of record, nor does it find any fresh material to take a different view. Accordingly, this civil review petition is dismissed. 6. However, in order dated 07.07.2011 passed in CWJC No.7925 of 2001 respondent no.1 is the State Bank of India, but in the first paragraph ‘State of Bihar’ has been shown as respondent no.1 due to typographical error, although it should have been ‘State Bank of India’. The said order is modified only to the said extent. Sunil/ (S.N. Hussain, J.)