Shankar Kumar Goswami, v. The General Manager,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4862 of 2021 ====================================================== Shankar Kumar Goswami, Son of Vishwanath Goswami, R/o Ramnagar, Farasahi Ward No. 06, P.S.-Chopra Nagar Ram Nagar District-Purnia. ... ... Petitioner/s

Versus

1.

The General Manager, UCO Bank Head Office 5th Floor, 10 B.T.M Sarai, Kolkatta-1.

2.

The Chief Manager, UCO Bank, Zonal Office, Traffic Chowk, Sona Jageshwar Complex, Begusarai.

3.

The Manager, UCO Bank, Main Branch New Market, Purnia. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey Mr. B.N. Ojha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 27-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Petitioner has put to challenge a notice dated 21.12.2020 issued by the Zonal Manager, UCO Bank, Begusarai, under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act), putting the petitioner's mortgaged property on auction sale on 08.01.2021.

Patna High Court CWJC No.4862 of 2021(2) dt.27-01-2022 2/2 The date of auction sale has already lapsed.

This writ application, in our view, has lost its efficacy.

Learned counsel for the petitioner seeks liberty to take appropriate remedy against the action of the bank under the provision of SARFAESI Act.

It goes without saying that the petitioner shall be at liberty to seek any remedy in accordance with law before appropriate forum.

This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U