Ganga Meorial And Educational Society And ORS v. The Central Bank Of India, Through Its Chief Manager And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16448 of 2017 ===========================================================
1. Ganga Memorial & Educational Society through its Secretary, Manoj Kumar, S/o Sri Naresh Prasad Sinha, Resident of NH-31, Kharura, P.O.+P.S.- Harnaut, Dist- Nalanda.
2. Manoj Kumar, Son of Sri Naresh Prasad Sinha, Resident of Flat No.407, Maharaja Kameshwar Complex, Fraser Road, Patna.
3. Smt. Nibha Sinha @ Nibha, Daughter of Sri Manoj Kumar, Resident of Flat No.407, Maharaja Kameshwar Complex, Fraser Road, Patna.
4. Smt. Damyanti Devi, Wife of Shri Umeshwar Prasad Singh, Resident of Village- Chamarichak, P.O.- Jamsaut, P.S.- Shahpur, District- Patna.
5. Sri Dilip Kumar Singh, Son of Shri Umeshwar Prasad Singh, Resident of Village- Chamarichak, P.O.- Jamsaut, P.S.- Shahpur, District- Patna. .... .... Petitioner/s
Versus
1. The Central Bank of India, through its Chief Manager, Regional Office, BlockB, Second Floor, Maurya Lok Complex, Patna-1.
2. The Regional Manager, Central Bank of India, Patna.
3. The Branch Manager, Central Bank of India, Harnaut, Nalanda, Bihar.
4. The Authorized Officer, Central Bank of India, Maurya Lok, Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Singh Thakur, Adv For the Respondent/s : Mr. Ajay Kumar Sinha, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-04-2018 I.A. No. 2634 of 2018 This interlocutory application has been filed for quashing the eauction notice dated 16.03.2018 fixing 09.04.2018 for holding the auction sale.
2. This matter has been notified to be taken up today on the request of the petitioners in view of the impending auction to be held on 09.04.2018 (Monday).
3. Having heard learned counsel for the petitioners and learned
Patna High Court CWJC No.16448 of 2017 dt.06-04-2018 counsel the respondent-bank, this Court is not inclined to interfere in the matter more so, in view of alternative statutory remedy available to the petitioner.
4. I.A. No. 2634 of 2018 accordingly stands disposed of with liberty to the petitioner to approach the Debts Recovery Tribunal, where he would be at liberty to raise all the points.
CWJC No. 16448 of 2017
5. The prayer in the main writ petition has now become infructuous and accordingly stands dismissed. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 11.04.2018 Transmission Date NA