Mr. Rajesh Kumar Agarwal v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2441 of 2022 ====================================================== Mr. Rajesh Kumar Agarwal S/o Govind Pd. Agarwal Govind Geeta Niwas, Kanhauli Bela Ashram, At R.K. Puram Road, No. 2, Bela Road No.2, Ward No.48, Near Amarapali Moll, Distt Muzaffarpur. ... ... Petitioner/s

Versus

1.

Union of India through Secretary, Ministry of Finance, New Delhi. 2.

Authorized Officer, HDFC Bank Ltd., Bimla Sadan, Holding No.- 801/432, Ward No.37, Exhibition Road, Patna- 800001.

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

For the Petitioner/s :

Mr.Arbind Kumar Jha, Advocate For the Respondent/s :

Dr. Krishna Nandan Singh, ASG Dr. Anshuman Singh, Sr. Standing Counsel Mr. Abhjeet Gautam, Advocate Mr. Amarjeet, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-07-2022 The petitioner has prayed for the following relief/s :- "for staying the sale notice dt.

25.12.2021 issued under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 (hereinafter referred to Rules) during the pendency of application u/s 17(1) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to SARFAESI Act, 2002)

Patna High Court CWJC No.2441 of 2022 dt.13-07-2022 2/3 numbered SA 149 of 2020, back came out with sale notice fixing date of auction on 09.02.2022 which is challenged in I.A. petition filed on 28.01.2022 but the court of Ld. Presiding Officer is vacant and petitioner can not pursue its application under SARFAESI Act, 2002.

The petitioner further seeks direction to respondent no.1 to explain how the petitioner will redress it's grievances in the absence of Presiding Officer Debt Recovery Tribunal, Patna which is guaranteed under Art. 14 of Constitution of India. The petitioner further prays for issuance of any appropriate writ/writs, order/orders and/or direction/directions for which petitioner may be found entitled."

After the mater was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law. Prayer allowed.

It stands clarified that all issues of fact and law are left open to be agitated by the competent authority. The petition is disposed of as withdrawn with the

Patna High Court CWJC No.2441 of 2022 dt.13-07-2022 3/3 liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR NAFR CAV DATE NA Uploading Date 15.07.2022 Transmission Date NA