Ibrar Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.571 of 2014 ====================================================== Ibrar Alam S/O Late Ghulam Rasul R/O Moh- Sonar Toli, P.S. And P.O.- Sasaram, District- Rohtas .... .... Petitioner

Versus

1. The State Of Bihar Through District Magistrate, Sasaram

2. Punjab National Bank- Through Its Chairman-Cum-Managing Director Head Office, 7 Bhikhaiji Cama Place, New Delhi

3. Zonal Manager, Punjab National Bank, Zonal Office, R-Block, Chanakya Place, Patna

4. Branch Manager, Punjab National Bank, Karwandia(S) Branch, Sasaram

5. Authorized Officer, Punjab National Bank, Secured Creditor, Sasaram

6. The Sub-Divisional Magistrate, Sasaram

7. The Station House Officer, Town Police Station, Sasaram

8. Kausar Alam S/O Late Ghulam Rasul R/O Moh- Sonar Toli, P.S. And P.O.- Sasaram, District- Rohtas .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. S.M. Shabbir Alam, Advocate For the State : Mr. Apurva Kumar, AC to GA 11 For the Bank:

Nr, Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 03-02-2015 03-02-2015 I have heard learned counsel for the petitioner, the State and the Bank.

Learned counsel for the respondent-Bank submits that the brother of the petitioner has already moved the Debt Recovery Tribunal in S.A. No. 36 of 2012 in which some direction was given to the borrower, whereas, the petitioner submits that he is not the borrower rather his brother is the borrower, therefore, his property should not be attached and auctioned. Learned counsel for the respondent-Bank submits that the property has been

Patna High Court CWJC No.571 of 2014 dt.03-02-2015 mortgaged to the Bank on the basis of which the concerned loan was granted. He further submits that any aggrieved person can move before the Debt Recovery Tribunal first as there is specific provision under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. On the aforesaid submission having been made, learned counsel for the petitioner seeks liberty to move before the appropriate forum available to him in law. Liberty is granted. This writ application stands disposed of.

(Dr. Ravi Ranjan, J) SC/- U