Rahul Chandra v. The Punjab National Bank Through Chief Manager,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2573 of 2024 ====================================================== Rahul Chandra Son of Sanjay Kumar Jaiswal Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City- 800008, District- Patna.

... ... Petitioner/s

Versus

1.

The Punjab National Bank through Chief Manager, Sastra Circle, Patna. 2.

Authorized Officer, Punjab National Bank, Kankarbagh, Patna. 3.

Vivek Chandra Jaiswal Son of Nawin Chandra Jaiswal Resident of MohallaRai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City800008, District- Patna. 4.

Vikas Chandra Jaiswal Son of Nawin Chandra Jaiswal Resident of MohallaRai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City800008, District- Patna. 5.

Hrithik Chandra Son of Sanjay Kumar Jaiswal Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City- 800008, District- Patna.

6.

Nawin Chandra Jaiswal Son of Late Mathura Prasad Jaiswal Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City- 800008, District- Patna.

7.

Praveen Chandra Jaiswal Son of Late Mathura Prasad Jaiswal and Late Bhagwan Devi Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City- 800008, District- Patna. 8.

Sanjay Kumar Jaiswal Son of Late Mathura Prasad Jaiswal and Late Bhagwan Devi Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City- 800008, District- Patna. 9.

Piyush Chandra Jaiswal Son of Sri Praveen Chandra Jaiswal Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City- 800008, District- Patna.

10.

Pratush Chandra Jaiswal Son of Sri Praveen Chandra Jaiswal Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City- 800008, District- Patna.

11.

Ayush Chandra Jaiswal Son of Sri Praveen Chandra Jaiswal Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City- 800008, District- Patna.

12.

Dhananjay Kumar Son of Late Mathura Prasad Jaiswal and Late Bhagwan Devi Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police StationKhajekalan, Patna City- 800008, District- Patna. 13.

Rohan Kumar Son of Dhananjay Kumar Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City- 800008, District- Patna.

14.

Aman Kumar Son of Dhananjay Kumar Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, Police Station- Khajekalan, Patna City- 800008,

Patna High Court CWJC No.2573 of 2024(8) dt.11-11-2024 2/3 District- Patna.

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

For the Petitioner/s :

Mr. Ajay Prasad, Adv.

For Respondents :

Mr. Suryakant Kumar, Adv.

For the Respondent/s :

Mr. Mritunjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 11-11-2024 Heard the learned counsel for the parties.

2. The present writ petition has been filed for challenging the notice issued by the respondent-Bank under Section 13(2) of the SARFAESI Act, 2002.

3. Learned counsel for the respondent-Bank has stated that the petitioner has till date not filed his objections under Section 13(3-A) of the SARFAESI Act, 2002. In case the petitioner files his objections, the same will be considered in accordance with law.

4. Having regard to the above made submissions and without going into merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the counsel. The petitioner is directed to file his objections to the notice issued by the respondent-Bank within a period of four weeks from today. On such objections being filed, the same will be considered in accordance with law and necessary orders shall be passed. The entire exercise shall be

Patna High Court CWJC No.2573 of 2024(8) dt.11-11-2024 3/3 completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. As it is stated by the learned counsel for the respondentBank that the auction has not taken place till date. The respondent- Bank is directed not to proceed with the matter till the objections filed by the petitioner are disposed of. It is needless to mention that before passing any order, the petitioner shall be given an opportunity of hearing. Any orders passed shall be communicated to the petitioner.

5. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U