Shakti Earth Movers Llp, v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3051 of 2022 ====================================================== Shakti Earth Movers LLP, Registered Office at B-32, Jagat Amarawati Apartment, Bailey Road, Patna through its Director, Siddharth Vats, Son of Sri Ajay Kumar, aged about 31 years, Male, Harrakh Shri Krishna Nagar, P.S.- Begusarai, District- Begusarai.

... ... Petitioner/s

Versus

1.

The Union of India through the Manager, State Bank of India, Stressed Assets Management Branch, Judges Court Road, Antaghat, Patna. 2.

The Manager, State Bank of India, Stressed Assets Management Branch, Judges Court Road, Antaghat, Patna.

3.

The Assistant General Manager, State Bank of India, Stressed Assets Management Branch, Judges Court Road, Antaghat, Patna. 4.

The General Manager, Grievance Cell, State Bank of India, Judges Court Road, Antaghat, Patna.

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

For the Petitioner/s :

Mrs.Archana Sinha @ Archana Shahi, Advocate For the Respondent/s :

Dr. K. N. Singh ( A.S.G.) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-04-2022 Petitioner has prayed for following reliefs : - (i) That the present writ application is being filed for issuance of writ in the nature of mandamus for a direction to the respondents to pay 12% interest on total consideration amount of Rs. 647.00 Lakhs in addition, registration fees of Rs. 60.00 Lakhs in advance which was kept by them for about seven months without handing over the possession and registration of the properties purchased by the petitioner in e-auction dated 10.12.2018, there was delay about seven months in facilitating the registration and possession of the properties purchased under

Patna High Court CWJC No.3051 of 2022(2) dt.20-04-2022 2/2 online auction held by the respondent no.1 on 10.12.2018 vide auction ID nos. 130136 and 130141, A/c M/s A. B. Automotives Pvt. Ltd. & M/s Chaudhary Motors respectively.

ii. For any other relief/Reliefs for which the petitioner is entitled for."

After the matter 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.

The petition is disposed of as withdrawn with the liberty aforesaid.

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

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/chn U