Patna High Court
M/S Vidyapati Cold Storage Pvt. ... vs The State Of Bihar on 4 April, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3340 of 2022
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M/s Vidyapati Cold Storage Pvt. Ltd. a Company Incorporated Under
Companies Act,1956 having its registered Office at 113, Hemchandra Naskar
Road, Kolkata, West Bengal, India- 700010 Having its Place of Work at
Vidyapati Nagar, Samastipur at Bihar through its Managing Director Ashok
Kumar, Male aged about 72 Years, S/o Jangilal Sah, H No. 48, Mirjapurganj,
Vidyapati Nagar, Samastipur, Bihar- 848503.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Department of Personnel and
Administration, Govt. of Bihar, Patna.
2. District Magistrate, Samastipur, Bihar.
3. Sub-Divisional Magistrate, Samastipur.
4. Authorized Officer, Punjab National Bank, Circle Sastra, Bhagalpur (Ground
Floor-Naulakha Apartment) Opp. DIG Kothi, Badi Khanjarpur, Bihar-
812001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arbind Kumar Jha, Advocate
Mr. Jyoti Prakash, Advocate
For the Respondent/s : Mr. Md. N.H. Khan (SC-1)
Mr. Kumar Priya Ranjan, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 04-04-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"1. That the present writ petition is being
filed for quashing order dt. 28.01.2022 under
Section 14 of the Securitization and
Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002
Patna High Court CWJC No.3340 of 2022 dt.04-04-2022
(hereinafter referred to as SARFAESI Act, 2002)
which was passed relying on decision of
Bombay High Court in Cr. W.P. No. 2767 of
2006 under Section 14 of the SARFAESI Act,
2002 which was not in existence on the date of
the order impugned and was amended by the
Enforcement of Security Interest and Recovery
of Debts Law (Amdt.) Act, 2012 (Act 1 of 2013)
dt. 3.1.2013 w.e.f. 15.01.2013.
The petitioner further prays for issuance
of any appropriate writ/writs, order/orders
and/or direction/directions for which the
petitioner may be found entitled."
We are entertaining the present petition in view of
the fact that at this point in time, the Debt Recovery Tri-
bunal is not functional on account of non-appointment of
Presiding Officer.
On 23rd of March, 2022, we had passed the follow-
ing order:-
"We are entertaining the present petition in
view of the fact that at this point in time, the Debt Recov-
ery Tribunal is not functional on account of non-appoint-
ment of Presiding Officer.
Petitioner undertakes to deposit a sum of Rs. 60
lacs within one week and pay the entire outstanding
amount of Rs. 7 crore [seven crore] (approximately) on or
before 30th of November, 2022. Such payment would also
Patna High Court CWJC No.3340 of 2022 dt.04-04-2022
include all charges, interest accrued, amount of penalty, if
any.
Let an undertaking to the aforesaid effect be
filed by the petitioner within a period of one week from
today.
In any event, the amount of Rs. 60 lacs be de-
posited with the respondent Bank within a period of one
week from today.
We clarify that such deposit shall be without
prejudice to the respective rights and contentions of the
parties and subject to the outcome of the present petition.
With the petitioner depositing the aforesaid
amount with the respondent Bank, no coercive action
shall be taken against the petitioner.
If the petitioner does not deposit the a sum of
Rs. 60 lacs with the respondent Bank in the manner indi-
cated above and within the time stipulated, and commits
breach of the undertaking, the interim order shall auto-
matically stand vacated.
List this case on 30.03.2022."
Learned counsel for the petitioner states that in
compliance of the order passed by this Court dated 23 rd of
March, 2022, petitioner has filed an affidavit/undertaking dated
30th of March, 2022. Also, petitioner has already deposited Rs.
60 lacs with the respondent Bank.
Paragraph Nos. 2 and 3 of the affidavit dated 30th of
March, 2022 reads as under:-
"2. That during the course of hearing on
Patna High Court CWJC No.3340 of 2022 dt.04-04-2022
23/03/2022 Petitioner undertakes to deposit a
sum of Rs. 60 Lacs within one week and pay the
entire outstanding amount on or before 30 th
November, 2022, Hon'ble High Court Patna
recorded the submissions of the Petitioner and
direct to file affidavit for compliance of its
undertaking.
3. That in compliance of the order dated
23/03/2022 the Petitioner undertakes as follows:
A) To pay Rs. 60 Lacs on 30/03/2022
or on 31/03/2022 for the reason the bank was
closed for consecutive four days.
B) The balance outstanding amount
as per order dated 23/03/2022 will be paid on
or before 30/11/2022."
As such, we dispose of the present petition on the
following mutually agreeable terms:-
Statement made by the petitioner in the affidavit
dated 30th of March, 2022 is accepted as undertaking for
complying with the stipulations contained therein.
Learned counsel for the respondent Bank states
that petition can be disposed of in terms of the undertaking
so furnished.
Consequence of breach thereof, including initiation
of proceedings for contempt having violated the
Patna High Court CWJC No.3340 of 2022 dt.04-04-2022
undertaking furnished before this Court stands explained to
the petitioner through the learned counsel.
As such, petition is disposed of in the following
terms:-
(a). Undertaking of the petitioner dated 30.03.2022
(reproduced supra) is accepted and taken on record;
(b) Petitioner has been made aware of the
consequences of breach thereof, including initiation of
proceedings for contempt;
(c) In the event of default of the undertaking,
liberty reserved to the Bank to take recourse to the
remedies in accordance with law, including sale of
mortgaged/hypothecated property;
(d) Liberty also reserved to respondent Bank, to
approach this Court, should the petitioner fail to abide by
the undertaking furnished before this Court;
Petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands
disposed of.
(e) Until 30th of November, 2022, status quo as on
date be maintained and no further coercive steps shall be
Patna High Court CWJC No.3340 of 2022 dt.04-04-2022
taken against the petitioner;
Petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date 06.04.2022
Transmission Date
