Patna High Court
Arun Kumar Verma vs The Union Of India on 21 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20572 of 2021
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Arun Kumar Verma Son of Mr. Chandradeep Prasad Verma Resident of Flat
No. 102, Sudama Enclave, East Boring Canal Road, Chakaram Link Path,
P.S. Budha Colony, Patna 800001 at present residing at Elim Apartment,
House No.1, Plot No. 80, Bank Colony, Dimapur, Nagaland, Pin 797112.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Department of Financial Services,
Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, New
Delhi 110001.
2. Bank of India, a Body Corporate Constituted Under the Banking Companies
(Acquisition and Transfer of Undertaking) Act, 1970 having its Central
Office at Mumbai, Star House, Bandra Kurla Complex, C-5, G Block, Banra
(East), Mumbai.
3. The Authorised Officer, Bank of India, Asset Recovery Branch, Zonal
Office, Patna Zone, 1st Floor, Chanakya Place, R-Block, Patna- 800001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Manish Kishore, Adv
For the Respondent/s : Mr.Dr. Krishna Nandan 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 : 21-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(a) For issuance of a writ or order/direction restraining
the Respondents from holding the auction sale fixed on
27.12.2021 pursuant to the sale notices dated 24.11.2021 and
25.11.2021 in respect of secure assets of the petitioner in view
of the pendency of application filed by the petitioner under
section 17 of the Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002
(hereinafter referred to as the Act 2002 for short) before learned
DRT, Patna, which is pending due to vacancy of the Presiding
Patna High Court CWJC No.20572 of 2021 dt.21-12-2021
Officer of the Debt Recovery Tribunal and in case the writ
application is not entertained the petitioner would be remediless
as there is no likelihood of posting of the vacancy in near future.
(b) For issuance of a writ or order/direction granting the
relief of ad interim status quo in favour of the petitioner since
the respondents have decided to proceed with auction of the
assets in light of the auction sale notices dated 24.11.2021 and
25.11.2021 and the petitioner has been left remediless as the
statutory remedy could not be invoked in absence of the
Presiding Officer of the Tribunal as the post is vacant.
(c) To hold and declare that the Respondents cannot
proceed against the exclusive property of the Guarantor
petitioner till the application filed by the petitioner under section
17 of the Act 2002 is pending before learned DRT, Patna and the
petitioner has got the only remedy to get the application heard
and decided.
(d) For further holding and declaring that keeping in
view the the present circumstances wherein the Bench of learned
DRT, Patna is not presided by any Presiding Officer, whether
permanent or incharge, the petitioner's case cannot be taken up
for hearing even on point of interim relief and therefore the
petitioner cannot be rendered remediless.
(e) For further holding and a declaration that the right
to legal remedy is one of the constitutional right of the petitioner
and therefore in a situation in hand which is exceptional in
nature, the respondents be restrained from proceeding against
the petitioner till the petitioner gets an opportunity to avail
appropriate statutory remedy before learned DRT, Patna upon
availability of the Presiding Office.
(f) For a direction to extend the period of OTS as four
month times already wasted in the intervening period during
imposition of National Lockdown by the State government in
order to break the infection of Covid-19 virus."
Patna High Court CWJC No.20572 of 2021 dt.21-12-2021
Learned counsel for the petitioner seeks permission to
withdraw this application.
Prayer is allowed.
This application is dismissed as withdrawn.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
