Patna High Court
M/S Sunita Enterprises vs The Union Of India on 24 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.713 of 2022
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1. M/s Sunita Enterprises represented by its proprietress Mrs. Sunita Devi,
Shop No. - 62, Bazar Samiti, Mathurapur, Samastipur, Bihar.
2. Mrs. Sunita Devi Wife of Mr. Raja Ram Ray Residence of Ward No. 7,
Village - Sari Anchal - Warisnagar, Behind Bazar Samiti, Samastipur, Bihar.
3. Raja Ram Ray Son of Late Bechan Ray Residence of Ward No. 7, Village -
Sari Anchal - Warisnagar, Behind Bazar Samiti, Samastipur, Bihar.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Finance, Department
of Financial Services, New Delhi.
2. The Debts Recovery Tribunal, through the Registrar, A, B and F Wings, 2nd
Floor, Karpuri Thakur Sadan, Kendriya- 2 Karamchari Parisar (GPOA),
Near Rajiv Nagar Thana, Aashiana Digha Road, Patna - 800025.
3. The Authorized Officer, Union Bank of India, Regional Office, Samastipur,
Panchwati Complex, Mohanpur Road, Samastipur, Bihar Pin Code - 848101.
4. The Branch Manager, Union bank of India, Dharampur Branch, Samastipur,
Bihar Pin Code - 848101.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Alok Ranjan, Adv
For the UOI : Mr.Dr. Krishna Nandan Singh (ASG)
Mr. Ravindra Kumar Sharma, Adv
For the respondents no. 3 & 4 : Mr. Nishi Nath Ojha, Adv
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 24-02-2022
Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
"(i) For issuance of writ/ order restraining
Respondent No. 3 and 4 from executing and taking
any action in furtherance of sale notice dated
Patna High Court CWJC No.713 of 2022 dt.24-02-2022
18.12.2021 (Annexure P/2 of the writ petition)
whereby and whereunder the residential house of the
petitioners and also agricultural land, have been put
on E-auction Sale scheduled on 20.01.2022 during
pendency of the SARFAESI Application bearing No
233 of 2021 filed by the petitioners under Section 17
of Securitization and Reconstruction of Financial
Assets and Enforcement of Secturity Interest Act,
2002 (hereinafter referred to, in short as "SARFAESI
Act, 2002") before the Debts Recovery
Tribunal,Patna.
(ii) For further holding and declaring
that the respondent No. 3 and 4 cannot proceed
against the petitioners till the SARFAESI Application
No. 233 of 2021 filed by the petitioners under
Section 17 of the SARFAESI Act 2002 is still
pending before Debts Recovery Tribunal (hereinafter
referred to, in short as DRT) and the same has to be
heard and disposed of in accordance with law
(iii) For further holding and declaring
that Right to Remedy is one of the constitutional
rights of the petitioners and therefore in extra
ordinary situation in hand, which is unprecedented in
nature, the respondent No.-3 and 4 cannot proceed
against the petitioners till the petitioners get an
opportunity to avail the appropriate statutory remedy
before the Presiding Officer, DRT at Patna upon non
availability of the learned Presiding Officer."
Learned counsel for the petitioners seek permission to
withdraw this petition.
Prayer is allowed.
Patna High Court CWJC No.713 of 2022 dt.24-02-2022
This application is disposed of 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
