Patna High Court
M/S Shankar Sri And Sons Cold ... vs The State Bank Of India on 15 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4323 of 2021
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M/s Shankar Sri and Sons Cold Storage Pvt. Ltd. having its Registered Office
at place of business at Sri Rampur Ayodhya Pusa Road, P.O. Waini, P.S. Pusa,
District Samastipur through its Managing Director, Sanjay Kumar male, aged
about 40 years, s/o Shankar Sah r/o Sri Rampur Ayodhya P.O. Waini, P.S.
Pusa District Samastipur.
... ... Petitioner/s
Versus
1. The State Bank of India Stressed Assets Management Branch, 5th Floor,
Zonal Office Building, J.C. Road, P.S. Pirbahore, Patna.
2. The Authorised Officer, State Bank of India, Stressed Assets Management
Branch, 5th Floor, Zonal Office Building J.C. Road, P.S. Pirbahore, Patna.
3. The District Magistrate, Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate
For the State : Mr. Raghwendra Kumar, SC 22
For the SBI : Mr. A. K. Sharma
Mr. P. K. Sharma,
Mr. H. K. Sharma, Advocates
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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.
Petitioner has prayed for following reliefs:-
1. For issuance of a writ in the nature of
certiorari or a writ of certiorari or any other writ of the like
nature thereby quashing the Possession Notice (For
Immovable Property) dated 18/12/2020 (Anncxure P/3)
affixed on the premises of the petitioner by the respondent
nos. 1 and 2 thereby acting in derogation of the direction of
this Hon'ble Court made in CWJC No. 5249 of 2018 which
is recorded in the order dated 06/04/2018 of not taking
possession of the petitioner's moveable and immoveable
properties during the pendency or OA No. 470 of 2017
which is still pending as RP No. 633 of 2018 before the Debt
Recovery Tribunal. Patna.
ii. For issuance of a writ in the nature or certiorari
or a writ of ccrtiorati or any other writ of the like nature
Patna High Court CWJC No.4323 of 2021 dt.15-12-2021
thereby quashing the E-Auction Sale Notice for sale of
movable and immovable assets vide Reference No.
SAMB/CLO-ll/RJTJ/489 dated 30/12/2020 and vidc
Reference No. SMB/CLO-Il/RJH/490 dated 30/12/2020
respectively Annexure P/4{SERIES)
iii. For issuance of a writ in the nature of
mandamus or a writ of mandamus or any other writ of the
like nature thereby declaring the action of' the respondent
nos. I and 2 of taking possession of the moveable and
immoveable properties of the petitioner as illegal and
contrary to the law and in violation of the direction of this
Hon'blc Court in CWJC No. 5249 of 2018.
iv. For issuance of a writ in the nature or
mandamus or a writ of mandamus or any other writ of the
like nature thereby directing the respondent authorities to
restore the possession of the moveable and immoveable
properties with the petitioner the possessions of which have
illegally been taken by the respondent nos. 1 and 2.
v. For issuance of a writ in the nature of
mandamus or a writ of mandamus or any other writ of the
like nature thereby directing the respondent authorities to
refrain from taking any action contrary to the direction of
this Hon' blc Court made in CWJC No. 5249 or 2018 and not
to disturb the peaceful possession and operation or the cold
storage which is operated by the petitioner.
vi. For issuance of a writ in the nature or
mandamus or a writ of mandamus or any other writ of the
like nature thereby directing the respondent authorities
particularly respondent nos. 1 and 2 to refrain from taking
any coercive action against the petitioner during pendency of
thc writ petition.
Vii. for issuance of a writ in the nature or
mandamus or a writ of mandamus or any other writ of the
like nature thereby directing the respondent authorities to
refrain from transferring the title or possession of the
moveable and immoveable properties of the petitioner or to
alienate the same in any manner which have been illegally
taken into their possession by the respondent nos. 1 and 2.
Viii. For grant of any other relief as this Hon'ble
Court may deem appropriate in light of the facts and
circumstances of this case."
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,
Ranchi has been given charge of Debt Recovery Tribunal, Patna
Patna High Court CWJC No.4323 of 2021 dt.15-12-2021
and now the Tribunal is functional.
Learned counsel for the Bank states that the auction sale
stands completed, as also possession of the property already
stands handed over to the auction purchaser.
In this view of the matter, we are of the considered
view that petitioner can agitate all issues before the appropriate
forum under the provision of Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act,
2002.
Petition stands 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
