Petitioners withdrew their writ petition challenging auction proceedings under the SARFAESI Act, seeking permission to approach the Debt Recovery Tribunal instead, which was granted.
Permission granted for withdrawal with liberty to approach the Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4071 of 2022
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rakesh Ranjan, Adv For the Respondent/s : Mr. Dr. K.N. Singh (ASG)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 09-05-2022
Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
“(i) For quashing of entire proceeding under securitization and reconstruction of Financial Assets Act, 2002 as well as the auction notice dated 03.02.2022 by which the Bank in illegal manner going to be auctioned the property of
Patna High Court CWJC No.4071 of 2022 dt.09-05-2022
2/3
the petitioner as well as the declaration of NPA of the petitioner account may be declared to be illegal whereby and whereunder the Respondent Bank without following the guidelines of RBI take cursive major under SARFAESI Act, 2002 which is illegal and not sustainable in eye of law.
(ii) For declaring the action of the Respondent Bank which is initiated under SARFAESI Act, 2002 may be illegal and void.
(iii) For declaring the action of the Respondent is illegal and not sustainable in eye of law.
(iv) For declaring that the action of the Bank is based on fraud and not sustainable in eye of law.”
In view of the fact that Debts Recovery Tribunal is now functional, learned counsel for the petitioners, under instruction, seeks permission to withdraw the present petition with liberty to take recourse to such other appropriate remedies, as are otherwise available, in accordance with law.
Permission granted.
As and when any such request is made by the petitioners before the Tribunal, the same shall be considered and decided expeditiously.
Since petitioners have been pursuing the remedies before this court, the question of limitation shall not come in the way moreso in view of the current pandemic COVID-19.
The petition stands disposed of as withdrawn with the liberty aforesaid.
Patna High Court CWJC No.4071 of 2022 dt.09-05-2022 3/3
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA
Shivendra Mohan
Anju Devi
Union of India
General Managing Director, Dakshin Bihar Gramin Bank
The Authorize Officer, Dakshin Bihar Gramin Bank
The Branch Manager, Ramjaipal Nagar Branch, Dakshin Bihar Gramin Bank
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
