IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2909 of 2010 1. M/S PANKAJ KUMAR THROUGH ITS PROPRIETOR SRI PANKAJ KUMAR 145, MAURYA LOK COMPLEX, P.S.- KOTWALI, DISTT.- PATNA 2. PANKAJ KUMAR S/O SRI GANESH PRASAD R/O ROAD NO.3, HOUSE NO.5, BUDHA NAGAR, KANKARBAGH, P.S.- KANKARBAGH, DISTT.- PATNA-800020 Versus 1. PRESIDING OFFICER, DEBTS RECOVERY TRIBUNAL 396, EAST BORING CANAL ROAD, P.S. BUDHA COLONY, DISTRICT AND TOWN PATNA-800 001 2. M/S DENA BANK, MAURYA LOK, THROUGH ITS SENIOR MANAGER P.S. KOTWALI, DISTT.- PATNA-800 001 ----------- 03. 18.03.2010 A categorical statement has been made by the learned counsel representing Dena Bank that there is no occasion for them to now enforce the order dated 21.12.2009 which has been passed in Execution (P.T.) Case No. 3 of 2004 by the Debts Recovery Tribunal at Patna. This is so because the bank initiated a proceeding against the petitioners under SARFAESI Act. They succeeded and have already auction sold the property and they have realized the dues amount. In view of the above stated position, there is no occasion to enforce the order, contained in annexure-6, against the petitioners because there cannot be two recoveries for the same amount due against the petitioners. To that extent the present writ application has lost its meaning and it is dismissed in the above stated position. rkp ( Ajay Kumar Tripathi, J )