Vijay Kumar Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3984 of 2022 ====================================================== Vijay Kumar Singh Son of Raghubansh Prasad Singh, Resident of MohGautam Buddh Colony, Raghkul Niwas Road no. 1, Delha, P.O. - P.S. Gaya, District - Gaya.

... ... Petitioner/s

Versus

1.

The Union of India through The Principal Secretary, Ministry of Finance, Govt. of India, New Delhi.

2.

The Chairman cum Managing Director, Bank of Baroda, Head Office, Baroda Bhavan, R.C. Dutt Road Alkapuri, Baroda, Gujarat. 3.

The Zonal Manager, Bank of Baroda, zonal Office, R-Block Chauraha, Near Chanky Hotel, Chankya Tower, Patna.

4.

The Authorised Officer Bank of Baroda, Tekari Road Branch, Gaya. 5.

The Branch Manager, Bank of Baroda, Tekari Road Branch, Awasthi Mandir Delha Gaya.

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

For the Petitioner/s :

Mr.Abhay Kumar Thakur, Advocate For the Respondent/s :

Dr. K.N. Singh (ASG) Mr. Ratnesh Kumar, CGC For the Bank Mr. Umapati Jha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-05-2022 Petitioner has prayed for the following relief(s):- "I. For rescheduling the loan amount and fixation of instalments for repayment and setting aside the process for auction sale of the mortgaged property for which letter dated 07.02.2022 has been issued by the authorized officer of the respondent Bank.

II. During the pendency of this

Patna High Court CWJC No.3984 of 2022(3) dt.11-05-2022 2/2 petition the proceeding under the SARFAESI Act may kindly be stayed.

III. For any other relief/reliefs which the petitioner entitled to in the facts and circumstances of the matter."

In view of the fact that Debts Recovery Tribunal is now functional, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition with liberty to take recourse to such other appropriate remedies, as are otherwise available, in accordance with law. Permission granted.

As and when any such request is made by the petitioner before the Tribunal, the same shall be considered and decided expeditiously.

The petition stands disposed of as withdrawn with the liberty aforesaid.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/-DKS U