M/s Maiya Ji Cold Storage Pvt. Ltd.versusAuthorized Officer,

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9280 of 2026
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                 M/s Maiya Ji Cold Storage Pvt. Ltd. having its registered office at Don Basco
                 Road, Digha, Patna, Bihar through its Director Mr. Sunil Kumar Singh, male,
                 aged about 72 yrs. S/o Birendra Kumar Singh, R/o Vill.- Pokharpur, Post and
                 P.S.- Parsa, Block Parsa, District- Saran, Bihar.

                                                                              ... ... Petitioner/s
                                                  Versus
           1.    Authorized Officer, Indian Bank, Zonal Office, Muzaffarpur, Om Shanti
                 Complex, Opp.- Zila School, P.O. Ramna, Muzaffarpur.
           2.    Chairperson, The Debt Recovery Appellate Tribunal, First Floor, E- 10B
                 Building, BSNL Premises, Patrika Marg, Prayagraj- 211001.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :      Mr.Arbind Kumar Jha, Adv.
                 For the Respondent/s   :      Mr.Sanjay Singh Thakur, Adv.
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                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   30-06-2026                  The present writ petition has been filed seeking to

                   vacate the interim order dated 23.03.2026 passed by the Debt

                   Recovery Appellate Tribunal, Allahabad in Appeal Dy. No. 578

                   of 2026, by which the operation of the order dated 28.01.2026

                   passed by the Debt Recovery Tribunal, Patna in S.A. No. 108 of

                   2022 has been kept in abeyance. The matter is listed before the

                   said Debt       Recovery Appellate Tribunal, Allahabad on

                   14.07.2026.

                               2. Learned counsel appearing on behalf of the

                   petitioner submits that the impugned order passed by the Debt

                   Recovery Appellate Tribunal, Allahabad is contrary to the

                   provisions of the SARFAESI Act as well as the Judgment of the
             Patna High Court CWJC No.9280 of 2026(2) dt.30-06-2026
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                       Hon'ble Supreme Court in Optiemus Infracom Ltd. v. Ishan

                       Systems Pvt. Ltd. & Another reported in 2012 (8) SCC 572.

                       Learned counsel, therefore, seeks a direction to vacate the

                       interim order dated 23.03.2026 passed by the Debt Recovery

                       Appellate Tribunal, Allahabad.

                                   3. This Court is of the opinion that the petitioner has

                       an efficacious remedy of filing an application for vacating the

                       interim stay before the Debt Recovery Appellate Tribunal,

                       Allahabad. Since the matter is already listed before the Tribunal

                       on 14.07.2026, the petitioner is at liberty to seek vacating of the

                       interim stay. This Court is not inclined to interfere with the

                       order passed by the Debt Recovery Appellate Tribunal,

                       Allahabad.

                                   4. The present writ petition is disposed of accordingly.

                       The Debt Recovery Appellate Tribunal, Allahabad is directed to

                       pass necessary orders on the vacate application filed by the

                       petitioner if any.



                                                                 (A. Abhishek Reddy , J)
Bhardwaj/-

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