Allowed

Akhauri Dharma Bardhan Sinha v. Allahabad Bank and Anr.

Patna HC7 Jul 2014CWJC/8706/2008

Case brief

AI extract

What is this about?

The Court, in absence of appearances, disposed of a writ application challenging auction notice. It converted a conditional interim order into an absolute order restraining the bank from disturbing possession pending payment of dues as per previous directions.

What did the court decide?

Absolute order made restraining the Bank from disturbing the petitioner's possession over the property until a speaking order is passed on the claim.

Akhauri Dharma Bardhan Sinha Vs Allahabad Bank and Anr. — Execution and Attachment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8706 of 2008

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====================================================== Akhauri Dharm Bardhan Sinha , s/o Late Akhauri Dharma Shil Sinha, r/o Churawanpur, P.S. Buxar Industrial, Distt. Buxar. 2.Buxar Reinforced Concret Pipe Company Jaso, P.S. Buxar Industrial, Distt. Buxar through Akhauri Dharm Bardhan Sinha, Proprietor. .... .... Petitioner/s

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Versus

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1.Allahabad Bank of Buxar Branhc, through its Branch Manager, Buxar, Distt. Buxar.

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2.Authorised Officer of Allahabad Bank under Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act.

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.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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6 07-07-2014 No one appears on behalf of the petitioners. As a matter of fact, even the respondents are not being represented to contest this writ application wherein,

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following prayer has been made:-

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“An appropriate writ, order or direction quashing the notice dated 27.5.08 putting the property on auction sale published by the respondents in newspaper, „Prabhat Khabar‟ as contained in Annexure-7, be issued.

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An appropriate writ,order of direction declaring that the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act(hereinafter referred to as Act) has got no application to the respondents‟ case, be issued.

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An appropriate writ, order or direction commanding the respondents to forebear from taking any step under the said Act but to accept the balance amount, if not already paid, in terms of the order dt. 9.4.87 (Annexure-5), be issued.”

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Patna High Court CWJC No.8706 of 2008 (6) dt.07-07-2014

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This Court in view of the order dated 19.06.2008,

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relevant portion whereof reads as follows:-

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“It has been submitted on behalf of the petitioner that proposed auction of petitioner‟s property on 24-62008 vide Annexure-7 is bad because to petitioner‟s knowledge the entire dues of the Bank has been paid and he has not been given the required notice. On query he has submitted that petitioner has been given to understand by the Bank that presently a dues of Rs. 60,000/- approximately is shown to be out-standing against the petitioner. It has been submitted that petitioner is prepared to deposit Rs. 60,000/- without prejudice to his right of getting back that amount from the bank if it is found not due.

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In view of such fair stand of the petitioner the respondents are directed not to interfere with the possession of the petitioner over the property proposed to be auctioned as described at serial no. 16 of annexure-7 until further orders, provided petitioner deposits Rs. 60,000/- with the respondent Bank by 23-62008.”

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and that the respondent-Allahabad Bank till date has not

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filed its counter affidavit despite repeated indulgence given on 16.04.2010, 03.05.2010 and 20.06.2014, will have no other option but to make the aforesaid interim

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order of this Court dated 19.06.2008 absolute.

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In other words, the possession of the petitioner over the property in question proposed to be auctioned shall not be disturbed unless and until the claim of the

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Patna High Court CWJC No.8706 of 2008 (6) dt.07-07-2014

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petitioner as raised in this writ application of making entire payment of outstanding amount plus Rs. 60,000/as per the interim order is examined and a speaking order there on is passed and also communicated to the petitioner by registered post.

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With the aforementioned observations and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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Ranjan/U

Akhauri Dharma Bardhan Sinha v. Allahabad Bank and Anr.

Case brief

What is this about?

What did the court decide?

Akhauri Dharma Bardhan Sinha v. Allahabad Bank and Anr.

Case brief

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