Patna High Court
Bhawana Infrabuild Pvt. Ltd vs Uco Bank on 13 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4925 of 2022
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Bhawana Infrabuild Pvt. Ltd. R/o A-51, Hathwa Raj Ganga, J.C. Road, Patna,
Bihar through its Power of Attorney Holder Bhaskar Rai, aged about 42 years,
male, son of Lalan Rai, resident of Hathua House, South Gandhi Maidan, P.S.
Gandhi Maidan, District-Patna, presently residing at Nepali Nagar,
Shaktipuram Colony, Khajpura, P.S.-Hawai Adda, District-Patna.
... ... Petitioner/s
Versus
1. UCO Bank through Branch Manager, Kankarbagh Branch, P.S. Kankarbagh,
District-Patna.
2. Authorized Officer, UCO Bank, Zonal Office, Patna.
3. The Branch Manager, UCO Bank, Kankarbagh Branch, Kankarbagh, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Respondent/s :
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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. For issuance of an appropriate writ/s, order/s,
direction/s to the respondents for quashing Notice
dated 14.03.2022 issued by the Respondent No. 2
whereby and under as per Rule 8(6) of Securitization
and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002
(hereinafter called as SARFAESI Act) r/w Security
Interest (Enforcement) Rule, 2002 public notice has
been issued for sale of the property on 30.03.2022 on
the basis of where itg is as it si basis, for recovery of
an amount of Rs. 1,39,16,918.40 (Rs. One Crore
Patna High Court CWJC No.4925 of 2022 dt.13-05-2022
Thirty Nine Lacs Sixteen Thousand Nine hundred
eighteen and forty paise) for which the petitioner is
liable to pay against the secured assets for loan
which he took as bank guarantee.
ii. For issuance of an appropriate writ/s, order/s,
direction/s to the respondents not to precipitate and
recover the amount by auction sale as per notice
dated 14.03.2022 as mentioned herein above till the
lis is pending adjudication for appointment of
Arbitrator and thereafter, await till arbitration is
finalized.
iii. To pass such other order/orders as your
Lordships may deem fit and proper in the facts and
circumstances of this case.
Learned counsel for the petitioner states that
O.A. No. 20 of 2021 is pending before the Debts Recovery
Tribunal, which is now functional and operation, as such, he,
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
decided expeditiously.
The petition stands disposed of as withdrawn
with the liberty aforesaid.
Patna High Court CWJC No.4925 of 2022 dt.13-05-2022
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
