Patna High Court
Rajeev Agrawal vs Lic Housing Finance Ltd on 13 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5029 of 2022
======================================================
Rajeev Agrawal, S/o Late Shri Krishna Gopal Agrawal, Resident of Santosh
Mansion, Kamla Singh Lane, Vishnu Place Lane, East Boring Canal Road,
P.S. SK Puri, Patna - 800 001, presently residing at 9, Clarke Way, Kenthurst,
New South Wales, Australia - 2156
... ... Petitioner/s
Versus
1. LIC Housing Finance Ltd., a Company incorporated under the provisions of
the Companies Act, 1956 having its registered office at 2nd Floor, Bombay
Life Building, 45/47, Veer Nariman Road, Fort, Mumbai 400001 and local
office at Jeevan Prakash Building, Fraser Road, Patna - 800001, through its
Managing Director.
2. The Branch Manager, LIC Housing Finance Ltd., Jeevan Prakash, 8th Floor,
BSFC Building, Frazer Road, PS Gandhi Maidan, Patna - 800 001.
3. The Authorised Officer, LIC Housing Finance Ltd., Jeevan Prakash, 8th
Floor BSFC Building, Frazer Road, P.S. Gandhi Maidan, Patna - 800 001.
4. Mr. Sanjeev Agrawal, S/o Late Krishna Gopal Agrawal, Residing at Santosh
Mansion, Kamla Singh Lane, Vishnu Place Lane, East Boring Canal Road,
PS SK Puri, Patna - 800 001.
5. Mrs. Santosh Agrawal, W/o Late Krishna Gopal Agrawal, Residing at
Santosh Mansion, Kamla Singh Lane, Vishnu Place Lane, East Boring Canal
Road, PS SK Puri, Patna - 800 001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nikhil Kumar Agrawal, Advocate
For the Respondent/s : Mr.Lakshman Lal Pandey, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 13-05-2022
Petitioner has prayed for the following relief(s):
"i) To issue an appropriate writ/order/direction inn the
nature of certiorari quashing the demand notice dated
08.02.2021 (Annexure-4) issued under Section 13(2) of
the Securitization and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002
Patna High Court CWJC No.5029 of 2022 dt.13-05-2022
(hereinafter to be referred as the SARFAESI Act' for
brevity) and the possession notice dated 07.02.2022
(Anx.-5) issued under Section 13(4) of the SARFAESI
Act as the same have been issued in respect of property
which has allegedly been mortgaged without the express
consent or no-objection from the Petitioner;
ii) To issue an appropriate writ/order/direction in the
nature of Mandamus declaring that the said demand
notice dated 08.02.2021 and possession notice dated
07.02.2022 are null and void in view of the law
propounded by the Hon'ble Supreme Court in Olina
Fernandes vs. Goa State Co-Operative Bank Ltd.
Reported in (2016) 13 SCC 298;
iii) To issue an appropriate writ/order/direction in the
nature of mandamus commanding the Respondent
Company not to give effect to the said demand notice
dated 08.02.2021 and possession notice dated 07.02.2022
till the criminal liability is decided in CC(P) No.
3916/2022 pending before the Learned Magistrate, Patna
iv) To any other relief or reliefs for which the
Petitioners are found entitled to in the facts and
circumstances of the case ."
In view of the fact that Debts Recovery Tribunal
is now functional, learned counsel for the petitioner, under
instructions, seeks permission to withdraw the present petition
with liberty to take recourse to such other appropriate remedies,
as are otherwise available, in accordance with law.
Permission granted.
As and when any such request is made by the
petitioner before the Tribunal, the same shall be considered and
Patna High Court CWJC No.5029 of 2022 dt.13-05-2022
decided expeditiously.
The petition stands disposed of as withdrawn
with the liberty aforesaid.
Interlocutory application(s), if any, shall also
stand disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Ashwini
AFR/NAFR
CAV DATE
Uploading Date 18.05.2022
Transmission Date
