Vidya Bhushan Prasad Vs The State of Bihar — Banking and Recovery | Patna HC (2024)

Vidya Bhushan Prasad Vs The State of Bihar — Banking and Recovery | Patna HC (2024)

What the court decided

AI extract

Outcome

None; the Court declined to entertain the petition and disposed of it, leaving the petitioner free to challenge the sale notice or any other order before the appropriate forum under the SARFAESI Act or any other law.

Issue for consideration

Whether the order dated 14/7/2023 passed by the Recovery Officer II, DRT Patna in R.P. Case No. 542/2017, confirming sale of the immovable properties in favour of Sri Mukesh Kumar purportedly under Rule 63(1) of the ITCP Rules, should be quashed by writ of certiorari. +3 more

Ratio / Principle

Having regard to the Supreme Court judgment reported in (2024) 2 SCC 1 (CELIRLLP V. BAFNA MOTORS (MUMBAI) PVT LTD & ORS), this Court is not inclined to entertain the present writ petition.

Key takeaways

The writ petition is disposed of, leaving it open to the petitioner to challenge the sale notice or any other order, aggrieved, before the appropriate forum as available under the SARFAESI Act or any other law.ratio¶29-32

Detailed headnote1 paragraphs

Patna High Court | Civil Writ Jurisdiction Case No.12375 of 2023 | Vidya Bhushan Prasad (proprietor, M/s S.S. Agency) v. State of Bihar, Punjab National Bank officials, Recovery Officer II (DRT Patna) and auction purchaser Mukesh Kumar | Decided 10-12-2024 | Coram: A. Abhishek Reddy, J. (single judge). Petitioner-borrower sought certiorari against the Recovery Officer II's order dated 14/7/2023 in R.P. Case No. 542/2017 confirming sale of his immovable properties in favour of Mukesh Kumar purportedly under Rule 63(1) of the ITCP Rules; further prayed that the bank accept the entire auction price despite possession not being handed over, that he be allowed to redeem the property by extending the 30-day period (accident during the period), that the auction sale dated 08/6/2023 (pursuant to e-auction sale notice dated 18/4/2023) be cancelled and possession delivery stayed. Having regard to the Supreme Court judgment in (2024) 2 SCC 1 (CELIRLLP V. BAFNA MOTORS (MUMBAI) PVT LTD & ORS), the Court was not inclined to entertain the writ petition and disposed of it, leaving the petitioner at liberty to challenge the sale notice or any other order before the appropriate forum under the SARFAESI Act or any other law. No issue decided on merits; no amount awarded.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12375 of 2023

======================================================

Vidya Bhushan Prasad S/o Shyam Sundar Prasad, (Proprietor of M/s S.S. Agency) resident of Shahpur, near Durga Mandir, Danapur- cum-Khagaul, Daudpur, Patna, Danapur, Bihar-801502 ... Petitioner

Versus

The State of Bihar through its Chief Secretary

The District Magistrate, Patna.

Punjab National Bank, through its Managing Director and Chief- Executive Officer having its Head Office at 7 Bhikhaji Cama Place, New Delhi110167.

The Branch Manager, Punjab National Bank, Kankarbagh Branch, Patna.

The Recovery Officer II, Debts Recovery Tribunal, Karpuri Sadan, Ashiana Digha Road, Patna.

The SDO, Danapur, Danapur Cantonment, Danapur, Patna, Bihar- 801503.

The District Sub- Registrar, Danapur.

The Circle Officer, Danapur.

Mukesh Kumar, S/o Sri Rameshwar Prasad Gupta, Flat No. 03, Sushila Residency, West Lohanipur, Kadamkuan, Patna, Bihar- 800003.

... Respondents

====================================================== Appearance : For the Petitioner : Mr.Prashant Bhushan, Adv. For the Respondents : Smt. Anuradha Singh (Sc21) ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

6 10-12-2024 Heard the parties.

The present writ petition has been filed for the

following relief(s) :

“(a) For issuance of an appropriate writ/writs or direction in the nature of writ/writs of certiorari for quashing the order dated 14/7/2023 passed by the Recovery Officer II, DRT Patna in R.P. Case No. 542/2017 whereby and where under the sale of immovable properties has been confirmed in favour of Sri Mukesh Kumar under in purported exercise of power conferred under Rule 63 (1) of ITCP Rules.

Patna High Court CWJC No.12375 of 2023(6) dt.10-12-2024 2/3

(b) For commanding the respondent bank to accept the entire auction price for which the properties of the borrower/petitioner was auction sold to private respondent/auction purchaser to whom the delivery of possession has not been handed over till date.

(c) For commanding upon the respondent no. 5 who is recovery officer to allow the petitioner to redeem the auction sold property as described in e-auction sale notice dated 18/4/2023 after extending the period of 30 days as keep view the special circumstances of the petitioner's accident case during the said period.

(d) For commanding upon the respondent to restore the property auction sold to the auction purchaser alle cancellation of the auction sale dated 08/6/2023 made is respect of the properties described in the e- auction notice of sale dated 18/4/2023 issued under the signature of Recovery Officer, DRT, Patna.

(e) For commanding the respondent nos. 5 & 6 to stay delivery of possession of the properties auction sold as per the notice of e-auction dated 18/4/2023 connected with R.C. Case No. 542/2017.

(f) For grant of any other relief or reliefs to which the petitioner is found entitled to in the facts & circumstances of the case.”

Having regard to the Judgment of Hon’ble Supreme

Court as reported in (2024) 2 SCC 1 (CELIRLLP V. BAFNA

MOTORS (MUMBAI) PVT LTD & ORS) , this Court is not inclined to entertain the present writ petition. The present CWJC is disposed of leaving it open to the petitioner to challenge the

Patna High Court CWJC No.12375 of 2023(6) dt.10-12-2024 3/3

sale notice or any other order, aggrieved before the appropriate

forum as available under the SARFAESI Act or any other law.

With the above direction, the present writ petition

stands disposed of.

(A. Abhishek Reddy , J)

Shamshad/-

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