Ranvijay Singh v. The State Bank Of India, Sarb, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5192 of 2022 ====================================================== Ranvijay Singh, S/o Sri Dhananjay Singh, resident of Kailash Nagar, Ward no. - 34, Old GT Road, Sasaram, P.S. - Sasaram, District - Rohtas. ... ... Petitioner/s

Versus

1.

The State Bank of India, SARB, Patna through its Authorised Officer, 2nd floor Patna Main Branch, Western Gandhi Maidan, Patna. 2.

The Authorised Officer, The State Bank of India, SARB Patna, 2nd floor Patna Main Branch, Western Gandhi Maidan, Patna. 3.

The Branch Manager, State Bank of India, Gaurakshini Branch, Sasaram (Rohtas).

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

For the Petitioner/s :

Mr. Sanjay Singh, Sr. Advocate Mr.Binod Kumar Sinha, Advocate For the Respondent/s :

Mr.Sanjiv Kumar, Advocate Mr. Anant Kumar Sharan, Advocate Mr. Prabhat Kumar Sharan, Advocate Mr. Hemant Kumar Sharan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-04-2022 The petitioner has prayed for the following relief/s :-

2/4 We are informed that order dated 20.12.2021, passed by this Court in CWJC No. 20030 of 2021, titled as

3/4 Ranvijay Singh Vs. the State of Bihar & Ors. (Annexure-5, page-47) stands complied with though belatedly. We are further informed that at this point in time, the Debt Recovery Tribunal (hereinafter referred to as 'the Tribunal) is fully functional. We clarify that we had passed the earlier order, under the directions of Hon'ble the Apex Court, in view of the fact that at that point in time, the Tribunal was not functional.

We are informed that the e-auction is to take place on 28th of April, 2022. In view of the fact that the Tribunal is now fully functional, we are of the considered view that the petitioner must approach the Tribunal under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

However, considering the fact that petitioner has complied with our order dated 20th of December, 2021 by depositing a sum of Rs.30,00,000/- (Rupees Thirty Lacs), learned counsel for the respondent Bank submits that should the petitioner approach the Tribunal within next one week, no further coercive action shall be taken against the petitioner. At this stage, Shri Sanjay Singh, learned senior counsel for the petitioner states that a direction be issued to the

4/4 Tribunal to positively decide the petitioner's application for grant of interim relief which the petitioner shall be making. Well, this Court can simply request the Tribunal to take up such application and decide the same expeditiously. This Court believes, hopes and trusts that the needful shall be done.

The present application stands disposed of in the aforesaid terms.

Interlocutory application, if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 06.05.2022 Transmission Date