HIGH COURT OF JHARKHAND AT RANCHI W.P.(C)…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.773 of 2016
M/s Sitaram Engineering, a proprietorship concern situated at 5th Phase, Adityapur Industrial Area Development Authority, near Usha More, Tata Kandra Main Road, P.O. & P.S. Gamharia, District – Seraikella – Kharsawan, through its proprietor Sitaram Lohar, son of Sri Doman Lohar, resident of house no.16, near Kerala Public School, Panchayat Chhota Gamharia, P.O. & P.S. Gamharia, District Seraikella – Kharsawan … … Petitioner
Versus
Authorized Officer, UCO Bank, Gamharia Branch, Tata Kandra Main Road, AT & P.O. Gamharia, P.S. Gamharia, District – Seraikella - Kharsawan … … Respondent
CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
04/13.02.2023 This writ petition has been filed for the following reliefs:
“(a) For quashing of order dated 23.12.2015 passed in S.A. No.50 of 2015 by Sri B.N. Das, Presiding Officer, Debts Recovery Tribunal, Ranchi whereby and where under the appeal preferred by the petitioner under Section 17 of SARFAESI Act, 2002 challenging therein the possession notice dated 17.04.2015 issued under Section 13 (4) of the SARFAESI Act and also E-auction sale dated 19.11.2015 published in the Telegraph, Jamshedpur Edition dated 20.11.2015, has been rejected without taking into consideration the relevant points of law raised by the petitioner.
(b) For quashing of E-Auction sale notice dated 16.01.2016 published in Prabhat Khabar daily newspaper dated 19.01.2016 whereby and where under the immovable property of the petitioner has been put on for E-Auction sale to be conducted on 23.02.2016 without complying with Rule 8 (5) of the Security Interest (Enforcement) Rules 2002 in as much as the reserve price fixed by the respondent for E-Auction sale of the immovable property has been fixed without getting fresh valuation of the property and as such, the E-Auction sale to be conducted at the behest of the bank is wholly illegal, arbitrary and without any authority of law;
(C) For issuance of an appropriate writ or writs in the nature of mandamus directing the respondent bank to permit the petitioner to regularize his account by making payment of overdue amount in terms of revised master circular dated 01.07.20104 issued by the Reserve Bank of India in as much as the petitioner is ready and willing to make payment of the overdue amount in terms of the order and direction issued by this Hon’ble Court and regularize the account in terms of the Circular issued by the Reserve Bank of India. .”
2
(Anubha Rawat Choudhary, J.)
Saurav/
M/s Sitaram Engineering
Authorized Officer, UCO Bank, Gamharia Branch
Anubha Rawat Choudhary
As recorded by the court registry
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