Sunil Kumar v. The Chairman, Bank Of Baroda And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11610 of 2018 ====================================================== Sunil Kumar son of Kamla Prasad resident of Village Purani Bazar, Ward No 4, P.O. Maharajganj, District Siwan.

... ... Petitioner/s

Versus

1.

The Chairman, Bank Of Baroda, Baroda House, Mandvi, Vadodara (Gujarat) 2.

The Zonal Manager, Bank of Baroda, Muzaffarpur. 3.

The Regional Manager, Bank of Baroda, 2nd Floor, Krishna Honda Building, Akharaghat Road, Muzaffarp 4.

The Chief Manager, Bank of Baroda, Rajendra Path, Chapra - Siwan Main Road, Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S D Sanjay, Sr. Advocate Mr. Rajiv Ranjan, Advocate For the Respondent/s :

Mr.Satish Kumar Singh Mr. Vivek Prasad, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-10-2022 The petitioner has prayed for the following relief/s :- "(i) For setting aside the Demand Notice dated 25.01.2016 issued under the signature of

Patna High Court CWJC No.11610 of 2018 dt.18-10-2022 2/3 Authorised Officer, the Chief Manager, Bank of Baroda, Siwan demanding outstanding due amount of Rs. 13,88,412/- from the petitioner.

(ii) For setting aside the possession notice dated 03.02.2018 under the Reconstruction of Financial Assets and Enforcement of Security Interest Act and Rules for outstanding due amount of Rs. 13,88,412/- as on 21.01.2016 to redeem the secured assets situated at Village Pasnauli, P.S: Maharajganj, District: Siwan having Thana No. 581, Tauzi No. 1381 Khata No. 261 Khesra No. 1627 area 7 katha alongwith the properties of guarantors of the borrower (petitioner).

(iii) For quashing the entire proceeding initiated under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (For short SARFAESI Act) against the petitioner.

(iv) For any other relief/reliefs for which petitioner is found entitled to in the facts and circumstances of the case."

In view of the fact that Debts Recovery Tribunal is now functional, learned senior counsel for the petitioner, under instructions, seeks permission to withdraw the present petition with liberty to approach the competent authority under the Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 within a period of four weeks from today.

Permission granted.

Patna High Court CWJC No.11610 of 2018 dt.18-10-2022 3/3 As and when any such request is made by the petitioner before the Tribunal or the respondent-bank, the same shall be considered and 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) Ashwini/- AFR/NAFR CAV DATE Uploading Date 20/10-2022 Transmission Date