M/S Mangalmurty Agribusiness Pvt. Ltd. v. Punjab National Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2633 of 2022 ====================================================== M/s Mangalmurty Agribusiness Pvt. Ltd., a company incorporated under the Companies Act through its Director, Vinayak Kumar, aged about 33 years, Male, Son of Mani Bhushan Singh, Resident of Near Girls High School, Bihta, P.S.- Bihta, District- Patna, Bihar.

... ... Petitioner/s

Versus

1.

Punjab National Bank through Circle Sastra Head, Circle Sastra Patna South, 2nd Floor, Chandrapura Palace, West Gandhi Maidan, Bank Road, P.S. Gandhi Maidan, District Patna.

2.

The Authorized Officer, Punjab National Bank, 2nd Floor, Chandrapura Palace, West Gandhi Maidan, Bank Road, P.S. Gandhi Maidan, District Patna.

3.

The Branch Manager, Punjab National Bank, Bihta Branch, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Mariya Nazir, Adv.

For the Respondent No.1 to 3 :

Mr. Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJIV ROY) 29-03-2022 The petitioner has moved before this Court for following reliefs:

a. For issuance of a writ in the nature of certiorari for quashing the sale notice dated 27.01.2022 as contained in Annexure-5 to this writ application whereby the respondent bank has given notice for sell of immovable assets of the petitioner company for recovery of outstanding dues of Rs.4,07,71,089.32.

b. For issuance of a writ in the nature of mandamus commanding the respondent bank to regularize the account of the petitioner company and forward the same to the Committee for Stressed Micro, Small and Medium Enterprises for suitable corrective action plan in accordance with the mandatory guildelines dated

Patna High Court CWJC No.2633 of 2022(2) dt.29-03-2022 2/2 17.03.2016 issued by the Reserve Bank of India as contained in annexure- ... to this writ application. c. For issuance of a writ in the nature of mandamus commanding the respondent bank not to take any coercive action against the petitioner company or the secured asset for realization of loan amount till the aforesaid committee recommends suitable corrective action plan.

d. For any other relief/reliefs which may be deemed fit and proper by this Hon'ble Court.

Ms. Mariya Nazir, Advocate appears before this Court and submits that Mr. Rajesh Ranjan, arguing counsel for the petitioner, to whom office she belongs to, has instructed her to withdraw this petition.

Submission is accepted.

The writ petition is dismissed as withdrawn.

Interlocutory application, if any, shall also stand dismissed.

(Sanjay Karol, CJ) ( Rajiv Roy, J) P Narayan/Sujit U