Patna High Court
Sugandh Kumar vs The Union Of India, Through The ... on 15 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18381 of 2021
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1. Smt. Poonam Mishra Wife of Navin Mishra
2. Navin Mishra @ Nawin Mishra, Son of Mahendra Mishra,
Both Resident of Ishakchak, Gumti No. 12, Near Shitla Asthan, P.O. and P.S.
- Ishak Chak, Jagdishpur, District - Bhagalpur, Pin-812001.
... ... Petitioner/s
Versus
1. The State Bank of India through its General Manager, State Bank of India,
2nd Floor, Patna Main Branch Building, Patna - 800001.
2. The General Manager, State Bank of India, 2nd Floor, Patna Main Branch
Building, Patna - 800001.
3. The Assistant General Manager, Stressed Assets Recovery Branch (SARB),
State Bank of India, 2nd Floor, Patna Main Branch Building, Patna -
800001.
4. The Authorized Officer, State Bank of India, Stressed Assets Recovery
Branch, 2nd Floor, Patna Main Branch Building, Patna - 800001.
5. The Chief Manager, RASMECC, SARC, Bhagalpur (10014), Annex
Building, S.M. College Road, Khanjarpur, Bhagalpur 812001.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 18436 of 2021
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1. Sugandh Kumar Son of Late Shyam Babu Singh Resident of Village -
Kothma, Murgiachak, PO. Khagual,District- Patna.
2. Madhuri Devi Wife of Late Shyam Babu singh, Resident of Village -
Kothma, Murgiachak, PO- Khagaul, District- Patna.
3. M/S Saurabh Rice Mill its partner Sugandh Kumar (Petitioner No. 1) at and
PO - Shahpur, District- Patna.
... ... Petitioner/s
Versus
1. The Union of India, through the Secretary, Department of Finance, New
Delhi.
2. The Branch Manager, Canara Bank, Danapur Cantt. District Patna.
3. The authorized officer of the Canara bank, regional office at Mourya Lok
Complex, Patna.
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 18381 of 2021)
For the Petitioner/s : Mr.Ajay Kumar Sinha, Sr. Advocate
Patna High Court CWJC No.18381 of 2021 dt.15-12-2021
Mr. Om Prakash Singh, Advocate
For the Respondent/s : Mr.Rakesh Kumar Singh, Advocate
Mr. Dr. K. N. Singh, ASG
(In Civil Writ Jurisdiction Case No. 18436 of 2021)
For the Petitioner/s : Mr.Abhay Kumar Thakur, Advocate
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 : 15-12-2021
Heard learned counsel for the parties.
In CWJC No.18381 of 2021 petitioners have prayed for
following reliefs:-
"(i) Issuance of writ or writ in the name of certiorai
quashing / setting aside the E- Auction Sale Notice dt.
21.09.2021 (Annexure -8) whereby and whereunder date of
Auction of the dwelling house has been fixed on 25.10.2021
in an arbitrary and illegal manner and in complete violation
of the Act as well as the rule.
(ii) Issuance of Writ in the nature of mandamus
directing the respondents to stop the sale proceeding of the
Dwelling House of the petitioners and not to proceed with
the Auction Sale of the Dwelling house of the petitioners till
the final disposal of the writ petition or till the final outcome
of the statutory appeal filed before the learned DRT, Patna
vide Diary No.834 of 2021.
(iii) For issuance of direction to stay the process
of the Sale Notice under Rule 8(6) of the SARFAESI Rule
vide his letter bearing Ref-SARB/051176/2021-22/SK/839
dt. 21.09.2021 (Annexure -8) issued by Respondent No.4 by
which the date of Auction sale has been fixed on 25.10.2021
till the final adjudication of the present writ petition or till
the final outcome of the Statutory Appeal filed before the
Patna High Court CWJC No.18381 of 2021 dt.15-12-2021
learned DRT, Patna vide Diary No.-834 of 2021 as the
learned Forum are vacant.
(iv) Issuance of writ in the nature of mandamus
directing the respondents not to confirm the Auction Sale
even if it is done on 25.10.2021 till the final outcome of the
writ petition.
(v) Issuance of such other order/orders,
direction/directions, relief/reliefs to which the petitioner
may found entitled to be passed as your Lordships may deem
fit and proper in the facts and circumstances of the case and
in the interest of justice.
In CWJC No.18436 of 2021 petitioners have prayed for
following reliefs:-
"(i) For staying the operation of letter dated
31.12.2020 & letter dated 28.01.2021 issued by the authorized
officer of the Canar Bank.
(ii) For staying the judgment passed by the
presiding officer in OA No.448 of 2017 dated 09.01.2019.
(iii) For direction upon the respondents for
nto creating third party right with respect to the property
mortgaged with the bank.
(iv) For supply of the decreetal amount finally
and fully calculated in the light of order dated 09.01.2019 passed
by the learned Presiding Officer in OA No.448 of 2017.
(v) For during the period of vacation and non-
availability of Hon'ble Court of the Presiding Officer in DRT at
Patna the respondents be restrained to take any coercive action
against the petitioner."
Dr. K. N. Singh, learned Additional Solicitor General,
invites our attention to the notification dated 13th of December,
2021, whereby Presiding Officer, Debt Recovery Tribunal,
Patna High Court CWJC No.18381 of 2021 dt.15-12-2021
Ranchi has been given charge of Debt Recovery Tribunal, Patna
and now the Tribunal is functional.
Learned counsel for the petitioners states that within
next two weeks, they shall be moving an application seeking for
early hearing for interim protection in the proceeding already
initiated before the appropriate forum.
Let the needful be done within two weeks.
Till then, interim order dated 28.10.2021 passed in
CWJC No.18381 of 2021 titled as Smt. Poonam Mishra
Versus the State Bank of India & Ors. shall continue to
remain in operation, whereafter, it shall automatically stand
vacated.
Petitions stand disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/- Ranjan
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.12.2021
Transmission Date NA
