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Balajee Ingot India Private Ltd vs The State Bank Of India
2021 Latest Caselaw 6121 Patna

Citation : 2021 Latest Caselaw 6121 Patna
Judgement Date : 14 December, 2021

Patna High Court
Balajee Ingot India Private Ltd vs The State Bank Of India on 14 December, 2021
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20023 of 2021
     ======================================================

1. Balajee Ingot India Private Ltd having its registered office at 2/7, Sarat Bose Road, Sixth Floor, Suit No. 3, Vasundhara Building, Kolkata- 700020 through one of its directors namely Ramesh Kumar Daruka male aged about 46 Years son of Ratan Lal Daruka resident of Naya Bazar, Pachna Road, Near Telephone Exchange, Ward No. 22, P.S. town and district Lakhisarai- 811311.

2. Nirmal Kanodia, son of Subhkaran Kanodia resident of Naya Bazar, Lakhisarai, District- Lakhisarai- 811311.

... ... Petitioner/s Versus

1. The State Bank of India through the Chairman-cum- Managing Director, State Bank of India, Corporate Centre, State Bank Bhawan, Madame Cama Road, Mumbai- 400021.

2. The Chief Manager, State Bank of India, Lakhisarai Branch, Naya Bazar, Lakhisarai.

3. The Stressed Assets Recovery Branch having its office at, State Bank of India, Main Branch Building, West Gandhi Maidan, Patna- 800001 through its Assistant General Manager.

4. The Authorised Officer, The Stressed Assets Recovery Branch having its office at, State Bank of India, Main Branch Building, West Gandhi Maidan, Patna- 800001

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Alok Kumar Jha, Advocate Mr. Gautam Kumar Kejriwal, Advocate For the Respondent/s : Mr. Sanjay Kumar Singh, Advocate Mr.Sanjeev Kumar, Advocate

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 14-12-2021

Petitioners have prayed for the following relief(s):- Patna High Court CWJC No.20023 of 2021 dt.14-12-2021

Patna High Court CWJC No.20023 of 2021 dt.14-12-2021

Shri Sanjay Kumar Thakur, learned counsel for the

Respondent-Bank states that the present petition has

become infructuous inasmuch as public auction, subject

matter of the present petition, did not fructify.

It is brought to our notice that the proceeding

under the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002 is

pending before the Debt Recovery Tribunal in relation to

which the Government has now issued notification

authorising the competent authority to preside over the

Tribunal.

It is expected from the petitioners to move an

application seeking interim protection in the proceedings

which are pending before the appropriate authority.

Shri Gautam Kumar Kejriwal, learned counsel for

the petitioners states that this shall positively be done within

a period of two weeks from today.

We only hope and expect the respondent not to

precipitate the matter by taking coercive steps during this

period.

As such, the present petition stands disposed of in Patna High Court CWJC No.20023 of 2021 dt.14-12-2021

the aforesaid terms.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 16.12.2021 Transmission Date

 
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