Disposed

Vish Nath Sharma @ Vishwa Nath Sharma and Ors. v. The Punjab National Bank and Ors.

Patna HC18 Jul 2014CWJC/8915/2013

Case brief

AI extract

What is this about?

High Court directed the Debts Recovery Tribunal to consider a defense by petitioners claiming no interest in the mortgaged property before auction, ordering status quo maintained if application filed within two weeks.

What did the court decide?

Direction to Debts Recovery Tribunal to consider petitioners' application within two weeks; status quo maintained.

Vish Nath Sharma @ Vishwa Nath Sharma and Ors. Vs The… — Execution and Attachment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.8915 of 2013

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Vish Nath Sharma @ Vishwa Nath Sharma 2. Devnath Sharma 3. Binod Sharma All sons of Late Nand Lal Sharma R/O Village- Ishopur, Mohalla- Badhi Tola, Post Office And Police Station- Phulwarisharif, District- Patna, StateBihar .... .... Petitioners Versus 1. The Punjab National Bank, Branch Punaichak, Patna, Police StationShastri Nagar Post Office- G.P.O., Patna - 800 001, Town And DistrictPatna, State - Bihar, Through Its Branch Manager/Chief Manager/Senior Manager 2. The Branch Manager/Chief Manager/Senior Manager Punjab National Bank, Branch Punaichak, Patna, Police Station- Shastri Nagar, Post OfficeG.P.O., Patna-800001, Town And District- Patna, State - Bihar 3. The Chairman, Punjab National Bank Head Office 7, Bhikaji Cama Place, Africa Avenue, New Delhi - 110 066 4. The Senior Manager, Punjab National Bank, Zonal Inspectorate, Kolkata - 700001 5. The Zonal Manager, Punjab National Bank Chanakya Complex, R. Block, Town And District- Patna 6. M/S Ras Poly Industries, Rukunpura Raja Bazar, Bailey Road, Patna - 800 014 7. Rajesh Ranjan, Owner And Proprietor Of M/S Ras Poly Industries S/O Shri Prakash Charan Prasad C/O Rajiv Auto Sales, Rukunpura, Raja Bazar, Bailey Road, Patna- 800 014, State - Bihar 8. Manoranjan Sharma, Guarantor Of The Concern - Defendant No.3 9. Mathura Sharma, Guarantor Of The Concern - Def. No. 4 Both S/O Late Krishna Mistri @ Krishna Sharma @ Kishun Sharma R/O Village-Ishopur, Mohalla- Badhi Tola, Police Station And Post OfficePhulwarisharif, District- Patna, State - Bihar 10. Authorised Officer, Special Assets, Recovery Cell (Vishesh Parisampatti Vasuli Kaksha) Punjab National Bank Branch, Budha Colony, Patna-800001, Town And District-Patna, State - Bihar .... .... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Shyam Kishore Sinha, Adv. For the Respondent/s : Mr. Ratan Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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3 18-07-2014 Heard learned counsel for the parties.

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Having regard to the averments made in this writ

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Patna High Court CWJC No.8915 of 2013 (3) dt.18-07-2014

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application that the petitioners have no concern, inasmuch as they are neither loanee nor mortgagee nor even guarantor and yet their land are sought to be put on auction sale, this Court having regard to pure question of fact would direct the Debts Recovery Tribunal to consider the grievance of the petitioners and pass a reasoned order on the claim of the petitioners.

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Learned counsel for the Bank has informed that earlier the same notice as contained in Annexure 11 has not been acted upon and a fresh valuation has been made, whereafter steps are likely to be taken for auction sale.

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Thus, if the petitioners file their application before the Debts Recovery Tribunal within a period of two weeks from today, the Tribunal will ensure that the final order on such application of the petitioners is passed in next two weeks and till then status quo, as existing today, shall be maintained.

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

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(Mihir Kumar Jha, J)

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surendra/-

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Vish Nath Sharma @ Vishwa Nath Sharma and Ors. v. The Punjab National Bank and Ors.

Case brief

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Vish Nath Sharma @ Vishwa Nath Sharma and Ors. v. The Punjab National Bank and Ors.

Case brief

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What did the court decide?

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