M/S Life Line Gas Plant v. The Authorized Officer-Cum-Chief Manager
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4215 of 2022 ====================================================== M/s Life Line Gas Plant registered office at NH-31, Byepass Road, Belouri, Via-Gulabbagh, Purnea through its Managing Partner Mr. Sanjay Kumar, Son of Shri Baikunth Yadav, resident of Anup Nagar, Ward No. 43, Belouri, Ranipatra, P.S.-Muffasil, District-Purnea.
... ... Petitioner/s
Versus
1.
The Authorized Officer-cum-Chief Manager State Bank of India, Stressed Assets Recovery Branch (SARB), West of Gandhi Maidan, Patna Main Branch Building, Patna-800001.
2.
The Assistant General Manager, State Bank of India, Stressed Assets Recovery Branch, 2nd Floor, Patna Main Branch Building, Gandhi Maidan (West), Patna-800001.
3.
The Chairman, State Bank of India, Corporate Office, Madame Cama Road, Nariman Point, Mumbai-400021.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Binay Kumar Singh, Advocate For the Respondent/s :
Mr. P. K. Shahi, Sr. Advocate Mr. Santosh Kumar Singh, Advocate Mr. Sanjay Singh Thakur, Advocate Mr. Sameer Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 23-03-2022 Heard learned counsel for the parties.
The petitioner has posed a challenge to the proceeding initiated against him under the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI). According to him, auction of the property is fixed on 24.03.2022.
In our considered view, the petitioner has to pursue
Patna High Court CWJC No.4215 of 2022(2) dt.23-03-2022 2/2 his remedy before the Debts Recovery Tribunal. As prayed, liberty is granted to the petitioner to approach the Debts Recovery Tribunal, Patna.
In the meantime, we direct that the auction proceeding may proceed but be not finalized for a period of three weeks.
The writ petition stands disposed off.
(Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar/Anand Kr.
U