Abhishek Ranjan And ANR v. Karnataka Bank Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6789 of 2017 ===========================================================

1. Abhishek Ranjan, S/o Rana Abhay Kumar Singh,

2. Smt. Nidhi Kumari, W/o Abhishek Ranjan, Both Flat No.-207, 2nd Floor, Block B, Ambika Nandan Enclave, Patel Nagar, P.S.- Shastri Nagar, District- Patna. at present residing at Vill- Sadikpur, P.S.- Barh, District- Patna. .... .... Petitioner/s

Versus

1. Karnataka Bank Limited through its Authorized Officer, Karnataka Bank Limited, Asset Recovery Branch, Exhibition Road, Patna.

2. Authorized Officer, Karnataka Bank Limited, Asset Recovery Branch, Exhibition Road, Patna.

3. Branch Manager, Karnataka Bank Ltd., Exhibition Road, District- Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Samrendra Kumar Jha, Adv. For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 29-06-2017 Heard the parties.

The petitioners are the second purchaser of the property in question. The original owner of the property has taken loan from the Bank, but he could not repay the loan amount and the property, in question, has been put to auction. The notional possession of the property, in question, has been taken. Let the petitioners approach before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act where he can raise all the points. If the petitioners approach before the Debts Recovery Tribunal, the Tribunal will be obliged to decide

Patna High Court CWJC No.6789 of 2017 dt.29-06-2017 2/2 the objection raised by the petitioners.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- U