Lalit Kumar Chaudhary vs Indian Bank (Erstwhile Allahabad ...
2022 Latest Caselaw 4249 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.9746 of 2022
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Lalit Kumar Chaudhary s/o Sukhnandan Chaudhary, R/o Vill-Kolhua Paigambarpur, P.S.- Ahiyapur, District-Muzaffarpur.

... ... Petitioner/s Versus

1. Indian Bank (Erstwhile Allahabad Bank) through the Circle Head, Circle Office, Muzaffarpur, Bihar.

2. Chief Manager cum Authorized Officer, Indian Bank (Erstwhile Allahabad Bank), J.L.

Road Branch, Tilak Road Maidan, Muzaffarpur, Bihar.

3. Branch Manager, Indian Bank (Erstwhile Allahabad Bank), J.L. Road Branch, Tilak Road Maidan, Muzaffarpur, Bihar.

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

For the Petitioner/s : Mr.Mrityunjay Kumar, Advocate For the Respondent/s : Mr.Nishi Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 04-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.9746 of 2022 dt.04-08-2022

situated under Thana No. 482, Khata No.

2.843 Decimal, Mauza- Kolhua Pagambarpur, Anchal-Kanti, district- Muzaffarpur registered in the Sub- Registrar office, Muzaffapur;

III. For issuance of a writ setting aside entire SARFAESI proceeding and for issuance of notice to the Auction Purchaser if the property of the petitioner has been sold in e-auction.

IV. For any other relief/reliefs for which the petitioner is entitled for and for any other appropriate order/s deemed fit in the interest of justice."

Learned counsel for the respondents States that

property stands sold, Sale Certificate issued and process for

handing over possession stands initiated.

All particulars be supplied to the learned counsel for

the petitioner enabling him to approach the appropriate authority

in accordance with law.

Needful be done by tomorrow.

Learned counsel have exchanged the particulars of

their telephone number and e-mail ID.

In view of the above, learned counsel for the

petitioner, under instructions, seeks permission to withdraw the

present petition reserving liberty to take recourse to such other Patna High Court CWJC No.9746 of 2022 dt.04-08-2022

remedies, as are otherwise available, in accordance with law.

Permission granted.

We are sure that as and when any such proceedings

are initiated, before the appropriate forum/Tribunal, the same

shall be considered and decided expeditiously, in accordance

with law.

Needless to add, period for which the petitioner has

been pursuing the matter before this Court, shall be excluded for

the purpose of computing limitation.

It is made clear that we have not expressed any

opinion on merits. All issues are left open.

The petition stands disposed of as withdrawn with the

liberty aforesaid.

Interlocutory application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

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