Shashank Abhishek v. Idbi Bank Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1985 of 2023 ====================================================== 1.

Shashank Abhishek, Son of Rajan Kumar Rai, Resident of Dakhin Tola, Near Vishal Megamart, Siwan (Bihar) PIN- 841226. 2.

Rajan Kumar Rai, Son of Balmiki Rai Resident of Arya Kanya High School, Siwan (Bihar), PIN- 841226.

... ... Petitioner/s

Versus

1.

IDBI Bank Limited IDBI Tower, WTC Complex, Cuffe Parade, Mumbai400005 through its General Manager, IDBI Tower, WTC, Complex, Cuffe Parade, Mumbai- 400005.

2.

The Zonal Manager, IDBI, Bank Ltd., 3rd Floor, Sai Corporate Park, Rukanpura, Bailey Road, Patna- 800014.

3.

The Regional Manager, IDBI Bank Ltd. 49HQ and H23 Mushari, Muzaffarpur, PIN- 842001.

4.

The Branch Manager, IDBI Bank Ltd. Branch- Siwan, Bihar Samnani Complex, Chapra Main Road, Makhdum Sarai, Siwan, PIN- 841226. 5.

The State of Bihar, through the District Magistrate, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramadhar Shekhar, Advocate For the Respondent/s :

Mr. Manoj Kumar, AC to GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 28-03-2023 Learned counsel for the petitioners states that the petitioners have filed a case before the consumer forum as the respondents did not release the complete loan amount resulting in the petitioners' industry not being operative. The respondent -Bank has issued a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act') for repayment of the part

Patna High Court CWJC No.1985 of 2023(2) dt.28-03-2023 2/2 loan amount. No objections have been filed by the petitioners to the notice under Section 13(2) of the SARFAESI Act. No one appears for the respondent -Bank.

Taking note of the facts as noticed above, it is directed that the petitioners will file detailed objections to the notice under Section 13(2) of the SARFAESI Act, and the respondent -Bank shall pass a speaking order on the said objection. However, before passing the speaking order, the respondent - Bank shall be restrained from taking any further action. The writ petition stands disposed of in the aforesaid terms.

(Sanjeev Prakash Sharma, J) Ashwini/- Item No.24 U