Dismissed

Satyendra Kumar Soni Alias Satyendra Prasad v. Punjab National Bank through the Circle Head

Jharkhand HC12 Aug 2021WPC/2990/2021

Case brief

AI extract

What is this about?

Petitioners challenged a bank's sale notice for an e-auction of land they claim to own. The court directed petitioners to approach the bank to resolve clarifications. The petition was disposed of with liberty to approach the bank.

What did the court decide?

Petitioners were given liberty to approach the Bank today with relevant documents to resolve the issue; the writ petition is disposed of with this direction.

Satyendra Kumar Soni Alias Satyendra Prasad Vs Punjab… — Property and Title | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2990 of 2021

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Satyendra Kumar Soni @ Satyendra Prasad

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Sujit Kumar Gupta

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Dinesh Singh

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Ranjeet Prasad

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… … Petitioners

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Versus

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The Punjab National Bank, through the Circle Head, Circle Office, Bokaro Steel City, Bokaro

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The Authorized Officer, Punjab National Bank, Circle Office, Bokaro Steel City, Bokaro

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The Circle Head, Circle Office, Bokaro Steel City, Bokaro

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… … Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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----- For the Petitioners : Mr. Baibhaw Gahlaut, Advocate For the Respondents : Mr. P.A.S. Pati, Advocate Mr. Rohan Kashyap, Advocate -----

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Order No. 02 Dated: 12.08.2021

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The present writ petition is taken up today through Video conferencing.

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At the request of the learned counsel for the petitioners, the defects as pointed out by the office are ignored.

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The instant writ petition has been filed for following

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reliefs:

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(A) For quashing the Sale Notice dated 20.07.2021 (Annexure-9 to the writ petition) issued under the signature of the respondent no. 2 – the Authorized Officer, Punjab National Bank (including all consequential steps), wherein a notice for e-auction scheduled to be held on 12.08.2021 of the property consisting of all parts and parcel of the land bearing khata no. 601, plot no. 3323, measuring an area of 40 decimals, mouza-Chas, ward no. 3, P.S.-Chas, District-Bokaro, Jharkhand, has been given to the public in general for recovery of dues from one Sanjay Kumar, S/o Shri Fudan Kunwar, who is neither the owner nor the possessor of the said land, inter alia on the ground that the petitioners are the lawful owners/successors-in-interest of the said land who are in possession of the same (after mutation) for more than 15 years and are paying land tax, property tax and cess of the said property to the state authorities.

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(B) For issuance of direction upon the respondents to pay the cost of writ petition to the petitioners.

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2. Mr. P.A.S. Pati, the learned counsel for the respondents, on instruction, submits that the petitioners never approached the Respondent-Bank with a plea that they are the bonafide purchasers of the property in question, which is to be put to e-auction in pursuance of sale notice dated 20.07.2021 so as to resolve the issue as raised by them through the present writ petition.

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3. On this, the learned counsel for the petitioners submits that the petitioners were never informed about the steps being taken by the respondent-Bank regarding initiation of proceeding under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and that the borrower had pledged the property in question with it as secured asset to obtain loan. It is also submitted that as per sale notice dated 20.07.2021, the date of e-auction of the said property has been fixed today i.e., 12.08.2021.

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4. On the said issue, the learned counsel for the respondents, on instruction, submits that the petitioners may approach the Bank today itself so as to remove ambiguity/confusion, if any, relating to the steps being taken by the Bank with respect to the property in question.

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5. In view of the aforesaid submission of the learned counsel for the respondents, the petitioners are given liberty to approach the respondent-Bank today itself alongwith relevant documents and on being approached, the respondent no. 2 shall do the needful to resolve the issue, if possible.

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6. The writ petition is accordingly disposed of with aforesaid liberty and direction.

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(Rajesh Shankar, J.)

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Manish/NAFR

Satyendra Kumar Soni Alias Satyendra Prasad v. Punjab National Bank through the Circle Head

Case brief

What is this about?

What did the court decide?

Satyendra Kumar Soni Alias Satyendra Prasad v. Punjab National Bank through the Circle Head

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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