Kamlesh Kumar Kamal v. The Branch Manager, Corporation Bank

Patna High Court CWJC No.18560 of 2017 dt.21-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18560 of 2017 =========================================================== Kamlesh Kumar Kamal, S/o Shri Kameshwar Prasad Managing Director M/s Sristhi Feeds Pvt. Ltd. Shivpuri Uran tola, P.O.- Anisabad, P.O.- Gardanibag, Dist.- Patna- 800002.

.... .... Petitioner

Versus

The Branch Manager, Corporation Bank, Personal Banking Branch A premier Government of India Enterprises Indira Bhawan, Boring Road, Patna- 800001. .... .... Respondent =========================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar Mishra, Advocate. For the Respondent : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 21-02-2018 The present writ petition has been filed for stay the operation of Possession Notice for immovable property under Rule 8(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002).

2. The immediate concern of the petitioner is that the sale auction in respect of the mortgaged property of the petitioner has been fixed for today in terms of Newspaper Publication dated 04.02.2018 (Annexure-4).

3. Learned counsel for the respondent-Bank makes statement at the Bar that the auction has failed as no bidder has turned up today.

4. Having regard to the stand of the respondent- Bank as well as the nature of the prayer in the main writ petition which itself is not maintainable, the writ petition stands dismissed. Md. Ibrarul/- (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23.02.2018 Transmission Date N.A.