IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11946 of 2009 M/S ROYAL ALUMINIUM COMPANY LIMITED through its one of Director Mr. Naresh Kumar Agrawal, son of late Deen Dayal Agrawal, resident of flat no. 710 E, Dena Tower, Exhibition Road, Patna. Versus 1. THE STATE BANK OF INDIA through its Chief Manager, Stressed Assets Resolution Centre, 2nd Floor, Patna Main Branch , West Gandhi Maidan, Patna. 2. The Authorised Officer, Rehabilitation and Recovery Branch, State Bank of India, 2nd Floor, Patna Main Branch, West Gandhi Maidan, Patna. ----------- For the petitioner – M/S. D K Sinha & Indeshwari Pd. Mandal. For the Bank – M/s Aditya Sharan, P K Sharan and H K Sharan. ------------- 05. 22.12.2009 The order dated 24.7.2009 passed by the Debts Recovery Appellate Tribunal, Kolkata, is the subject matter of challenge in the present writ application. A primary submission on behalf of the counsel representing the respondent State Bank of India is that the writ application has now become infructuous since the order in question has already been carried out by holding the auction sale of the property on 11.9.2009 to the highest successful bidder for Rs.1,27,71,000/- and subsequently on 30.9.2009 the possession of the property has already been handed over by the bank. It is also urged on behalf of the respondent Bank that the matter came to be precipitated on the basis of the submission and consent given by the petitioner in this regard before the Debts Recovery Appellate Tribunal. The only condition which he wanted was that Managing Director of the borrower company be given liberty to inspect the factory premises and that was not acceded to. With the issue having reached its destination on the basis of - 2 - the consent order passed by the Appellate Tribunal, no interference with the impugned order is warranted at this stage. Since the basic dispute is still subsisting before the Debts Recovery Tribunal, let the petitioner fight it out to the level which may be advised. The writ application is dismissed as having become infructuous. rkp (Ajay Kumar Tripathi, J)