Santosh Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.5338 of 2015 (3) dt.26-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5338 of 2015 ====================================================== Santosh Kumar, son of Akhileshwar Singh, resident of Gosai Math Sampat Chak, P.O Sona Gopalpur, P.S. Gopalpur District Patna. .... .... Petitioner

Versus

1. The State of Bihar through Collector, Patna

2. The Regional Manager, Central Bank of India, Regional Office Block B 2nd Floor Maurya Complex, Dak Bunglaw Road, Patna.

3. The Branch Manager, Central Bank of India, Branch Birla Mandir Road, Branch Code-7, Patna.

4. The Authorized Officer, Central Bank of India, Regional Office Block-B, 2nd Floor Maurya Complex, Dak Bunglaw Road, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Bank : Mr. Shashi Shankar with Mr. Manoj Madhav, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 26-10-2016 It is informed by learned counsel for the Bank and admitted by learned counsel for the petitioner that the petitioner has not deposited Rs. 3 lacs as he had undertaken to pay the same on or before 25.10.2016. Today, learned counsel for the petitioner submits that he can deposit Rs.1 lac in the course of the day and remaining of Rs.2 lac by mid November, 2016.

The date of auction has been fixed on 27.10.2016 and the conduct of the petitioner does not justify the grant of any relief to the petitioner.

The writ application having been filed for quashing the proceedings taken under the SARFAESI Act and the Rules framed thereunder, this Court is of the view that the conduct of the petitioner does not justify the grant of any protection or instalment to the petitioner.

The application is, accordingly, dismissed.

(Ramesh Kumar Datta, J) spal/- U