Disposed

Shri Anand Kumar v. Authorized Officer/Asst. General Manager, Indian Bank

Patna HC4 Mar 2024CWJC/8373/2022

Case brief

AI extract

What is this about?

Coordinate bench granted liberty to petitioners to challenge District Magistrate's order under SARFAESI Act Section 14(1) before DRT, staying coercive steps for two weeks based on Supreme Court precedent Kotak Mahindra. Three writ petitions disposed accordingly.

What did the court decide?

Liberty given to challenge impugned order before DRT; coercive steps stayed for two weeks; writs disposed.

Shri Anand Kumar Vs Authorized Officer/Asst. General Manager… — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8373 of 2022

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Shri Anand Kumar S/o Jagdish Singh R/o- B/38, Vijay Nagar, Hanuman Nagar, Shiv Mandir B.H. Colony, Kankarbagh- 800020.

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Shri Jagdish Singh S/o Sri Ram Vilash Singh R/o- B/38, Vijay Nagar, Hanuman Nagar, Shiv Mandir B.H. Colony, Kankarbagh- 800020.

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Smt. Ranju Singh W/o Ashok Kumar Singh R/o- Shakti Punuj, Ashoka Vihar, Biscoman Colony, Dhanuki, Patna- 800007.

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... ... Petitioner/s

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Versus

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Authorized Officer/Asst. General Manager, Indian Bank Patna Main Branch, Budh Marg, Patna- 800001.

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M/s Amul Feed Private Limited through its Director Shri Ashok Kumar Singh, R/o- Shakti Punj, Ashok Vihar, Biscoman Colony, Patna- 800007.

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... ... Respondent/s

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with

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Civil Writ Jurisdiction Case No. 14157 of 2023

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M/s Patliputra Poultry Private Limited Registered Office- B-30, Transport Nagar, Kumhrar, Bahadurpur, Patna - 800026 also at Mauza- Dihari Nanda Bigha, P.O. - Barsh, P.S. Harnaut, District - Nalanda through its Director Sri Anand Kumar aged about 52 years, Male, S/o Jagdish Singh, B/38, Vijay Nagar, Hanuman Nagar, Shiv Mandir, B.H. Colony, Kankarbagh, Dist. - Patna.

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Smt. Veena Devi, W/o Sri Manoj Sharma, Block no.D/103, Laxmi Uma Plaza, East Lohanipur, Kadamkuan, Dist. - Patna - 800003.

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Smt. Sumitra Devi, W/o Shri Jagdish Singh, B/38, Vijay Nagar, Hanuman Nagar, Shiv Mandir, B.H. Colony, Kankarbagh, Dist. - Patna - 800026.

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... ... Petitioner/s

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Versus

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State of Bihar through District Magistrate, Patna District, Patna, Bihar.

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Authorized Officer, Indian Bank, Patna Main Branch, Patna.

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Additional Collector-cum-Senior Officer, District Certificate Section, Patna.

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... ... Respondent/s

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with

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Civil Writ Jurisdiction Case No. 16079 of 2023

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M/s Amul Feed Private Limited through its Director Ashok Kumar Singh, Male Aged about 63 yrs, S/o Dharmaraj Singh, R/o Shakti Punj, Ashoka Vihar, Boscoman Colony, Dhanuki, Patna, P.S.- Alamganj, Distt- Panta-

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Patna High Court CWJC No.8373 of 2022(6) dt.04-03-2024 2/5

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Shri Jagdish Singh, S/o Sri Ram Vilash Singh, B/38 Vijay Nagar, Hanuman Nagar, Shiv Mandir, B.H. Colony, Kankarbagh, P.S.- Patrakar, Nagar, District- Patna, 800020, Distt. Patna.

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Shri Anand Kumar, S/o Jagdish Singh, B/38 Vijay Nagar, Hanuman Nagar, Shiv Mandir, B.H. Colony, Kankarbagh, P.S.- Patrakar, Nagar, Distt-Patna, District- Patna.- 800020.

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Smt. Ranju Singh, W/o Ashok Kumar Singh, Shakti Punuj, Ashoka Vihar, Biscoman Colony, Dhanuki, Patna, P.S.- Alamganj, Dist- Patna, P.S.Alamganj, Distt-Patna-800007.

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... ... Petitioner/s

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Versus

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The State of Bihar through District Magistrate, Patna, District- Patna, Bihar.

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Authorized Officer, Indian Bank, Patna Main Branch, Patna.

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Additional Collector-cum-Senior Officer, District Certificate Section, Patna.

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Sandhya Samrat Construction and Services Pvt. Ltd. through its Managing Director, Madhukar Kumar (Male), aged about 50 years, S/o Ramnaresh Singh, resident of Dinkar Nagar, P.S. Barbigha, Dist.-Sheikhpura, presently residing at D-204, Om Raj Apartment, Jamal Road, P.S. Gandhi Maidan, Dist-Patna.

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... ... Respondent/s

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Appearance : (In Civil Writ Jurisdiction Case No. 8373 of 2022) For the Petitioner/s : Mr.Arbind Kumar Jha For the Respondent/s : Mr.Dr. Binay Kumar Singh For the Respondent/Indian Bank : Mr. Rajan Ghoshrave, Advocate (In Civil Writ Jurisdiction Case No. 14157 of 2023) For the Petitioner/s : Mr.Arbind Kumar Jha For the Respondent/s : Mr.Sarvesh Kr. Singh (Aag13) For the Respondent/Indian Bank : Mr. Rajan Ghoshrave, Advocate (In Civil Writ Jurisdiction Case No. 16079 of 2023) For the Petitioner/s : Mr.Arbind Kumar Jha For the Respondent/state: Smt. Anuradha Singh (Sc21) For the Respondent/Indian Bank: Mr. Rajan Ghoshrave, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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6 04-03-2024 1. Similar question is involved in all the three writ petitions

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in which the petitioners, who are engaged in manufacturing of animal feed and borrower from the Indian Bank have challenged the order dated 09.10.2023 passed by District Magistrate, Patna

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Patna High Court CWJC No.8373 of 2022(6) dt.04-03-2024 3/5

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under Section 14(1) of the Securitization and Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 (hereinafter referred to as the “SARFAESI Act”) granting security assistance to the Indian Bank for resumption of possession of the mortgaged property.

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Learned counsel for the petitioners submits that under Section 13 (4) of the SARFAESI Act proceeding was initiated by the Bank against the petitioners which has been challenged before the D.R.T. in SARFAESI Appeals. During the pendency of the SARFAESI Appeals a requisition was made by the Bank before the District Magistrate under Section 14(1) of the SARFAESI Act. The learned Magistrate passed the order on 08-10-2022 that till pendency of the litigation before the Hon’ble High Court and the D.R.T., no steps shall be taken for resumption of possession of the mortgaged assets. The Bank being aggrieved by the order passed by learned District Magistrate filed writ applications bearing C.W.J.C. Nos. 11619 of 2023 & 11348 of 2023 and a Co-ordinate Bench of this Court by its order dated 28.08.2023 & 10.10.2023 has set aside the order passed by Additional Collector / District Magistrate and directed the Bank to submit a fresh application before the district authorities with further direction to the district

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Patna High Court CWJC No.8373 of 2022(6) dt.04-03-2024 4/5

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authorities to pass necessary orders on merit. It is on re-submission of request by the Bank, the impugned order 09-10-2023 has been passed, which is under challenge before this Court.

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Learned counsel for the petitioners submits that the Hon’ble Supreme Court in the judgment reported in (2023) 3 SCC 210 Kotak Mahindra Bank Limited versus Girnar Corrugators Private Limited and Others in paragraph no. 36 has held that aggrieved by the order passed by the District Magistrate under Section 14 of the SARFAESI Act, it will be open for the aggrieved person to initiate proceedings under Section 17 of the SARFAESI Act which ought to be considered in accordance with law and on its merits and subject to the provisions of Section 17 and the provisions of SARFAESI Act”.

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Learned counsel for the Bank submits that in view of the law laid down by Hon’ble Supreme Court, the petitioners have the liberty to challenge the order of the District Magistrate before the D.R.T.

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Having heard learned counsel for the parties and taking into consideration the law laid down by the Supreme Court and the fact that petitioners have already filed two separate appeals being aggrieved by the proceeding initiated by the Bank under

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Patna High Court CWJC No.8373 of 2022(6) dt.04-03-2024 5/5

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Section 13(4) of the SARFAESI Act accordingly liberty is given to the petitioners to challenge the impugned order passed by District Magistrate, Patna which is in the nature of consequential order to Section 13 (4) of the SARFAESI Act in the pending appeals before the D.R.T.

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If the impugned order dated 09.10.2023 is challenged by the petitioners within two weeks from today before the D.R.T. in the pending appeals; the D.R.T. shall consider the same and pass order on merits in accordance with law and subject to the provisions of Section 17 and the provisions of the SARFAESI Act.

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For two weeks from today, there shall be no coercive steps against petitioners for enabling them to move before the D.R.T.

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With the aforesaid observation and direction, all the aforesaid three writ applications stand disposed of.

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praful/-

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(Anil Kumar Sinha, J)

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Shri Anand Kumar v. Authorized Officer/Asst. General Manager, Indian Bank

Case brief

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Shri Anand Kumar v. Authorized Officer/Asst. General Manager, Indian Bank

Case brief

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