Petitioner sought stay on sale notice under SARFAESI Act rules citing vacancy of Presiding Officer. Court allowed prayer to permit withdrawal of petition with liberty to initiate proceedings elsewhere.
Prayer permitted with liberty to withdraw petition and initiate proceedings before appropriate forum.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2441 of 2022
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Mr. Rajesh Kumar Agarwal S/o Govind Pd. Agarwal Govind Geeta Niwas, Kanhauli Bela Ashram, At R.K. Puram Road, No. 2, Bela Road No.2, Ward No.48, Near Amarapali Moll, Distt Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Arbind Kumar Jha, Advocate For the Respondent/s : Dr. Krishna Nandan Singh, ASG Dr. Anshuman Singh, Sr. Standing Counsel Mr. Abhjeet Gautam, Advocate Mr. Amarjeet, Advocate ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 13-07-2022
The petitioner has prayed for the following relief/s :-
“for staying the sale notice dt. 25.12.2021 issued under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 (hereinafter referred to Rules) during the pendency of application u/s 17(1) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to SARFAESI Act, 2002)
Patna High Court CWJC No.2441 of 2022 dt.13-07-2022
2/3
numbered SA 149 of 2020, back came out with sale notice fixing date of auction on 09.02.2022 which is challenged in I.A. petition filed on 28.01.2022 but the court of Ld. Presiding Officer is vacant and petitioner can not pursue its application under SARFAESI Act, 2002.
The petitioner further seeks direction to respondent no.1 to explain how the petitioner will redress it’s grievances in the absence of Presiding Officer Debt Recovery Tribunal, Patna which is guaranteed under Art. 14 of Constitution of India.
The petitioner further prays for issuance of any appropriate writ/writs, order/orders and/or direction/directions for which petitioner may be found entitled.”
After the mater was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.
Prayer allowed.
It stands clarified that all issues of fact and law are left open to be agitated by the competent authority.
The petition is disposed of as withdrawn with the
Patna High Court CWJC No.2441 of 2022 dt.13-07-2022 3/3
liberty aforesaid.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 15.07.2022 |
| Transmission Date | NA |
2 issues framed by the court
Whether to allow a writ petition seeking stay on sale notice issued under SARFAESI Act provisions due to vacancy in Presiding Officer office.
Whether to permit withdrawal of the petition with liberty to file appropriate proceedings in the competent forum.
2 provisions across 2 enactments
Mr. Rajesh Kumar Agarwal
Union of India through Secretary, Ministry of Finance, New Delhi
Authorized Officer, HDFC Bank Ltd.
HONOURABLE THE CHIEF JUSTICE
S. KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
