Patna High Court - Orders
Smt. Sumitra Devi vs Authorized Officer/Asst. General ... on 29 July, 2022
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8634 of 2022
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1. Smt. Sumitra Devi W/o Shri Jagdish Singh R/o B/38, Vijay Nagar, Hanuman
Nagar, Shiv Mandir, B.H. Colony, Kankarbagh, Patna- 800026.
2. Smt. Veena Devi W/o Sri Manoj Sharma R/o Block no.- D/103, Laxmi Uma
Plaza, East Lohanipur, Kadamkuan, Patna- 800003.
... ... Petitioner/s
Versus
1. Authorized Officer/Asst. General Manager, Indian Bank Patna Main Branch,
Budh Marg, Patna- 800001.
2. M/s Patliputra Poultry Private Limited Registered Office- B-30, Transport
Nagar, Kumhrar, Bahadurpur, Patna- 800026 also at Mauza- Dihari Nanda
Bigha, P.O.- Barsh, P.S.- Harnaurt, District- Nalanda- 803110.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arbind Kumar Jha, Advocte
For the Respondent/s : Mr.Dr. Binay Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/ Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their
residences/offices.)
2 29-07-2022Petitioners have prayed for the following relief(s):
"For declaration of law whether remedy against proceeding under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act, 2002) as amended by the Enforcement of Security Interest and Recovery Patna High Court CWJC No.8634 of 2022(2) dt.29-07-2022 2/3 of Debts Law (Amdt.) Act, 2012 (Act 1 of 2013) dt. 3.1.2013 w.e.f. 15.1.2013 is before Hon'ble Patna High Court under Article 226 of the Constitution or before Debt Recovery Tribunal, Patna under Section 17 of the SARFAESI Act, 2002.
That petitioners further seeks declaration of law whether District Magistrate is obliged to issue notice to the borrower and after hearing the party aggrieved can pass order of satisfaction for the purpose of taking possession of secured assets.
That petitioners further seeks appropriate direction to the statutory authority to act is compliance of law declared by this Hon'ble Court.
The petitioner further prays for issuance of any other writ/writs order/orders and direction/directions for which petitioner may be found entitled."
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.8634 of 2022(2) dt.29-07-2022 3/3 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) K.C.Jha/DKS U