M/S Bibhutipur Farmers Producers Company Ltd. v. The Uco Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5468 of 2022 ====================================================== 1.

M/S Bibhutipur Farmers Producers Company Ltd. through its Director, (Petitioner- 2) at Village- Rupauli Khurd, P.O. Mahsi, Police StationBibhutipur, District- Samastipur. 2.

Ram Naresh Singh son of Ramavatar Singh, Resident of Village- Rupauli Khurd, P.O. Mehsi, Police Station- Bibhutipur, District- Samastipur, Director of the Company (petitioner no. 1).

3.

Kiran Devi wife of Ram Naresh Singh, Resident of Village- Rupauli Khurd, P.O. Mehsi, Police Station- Bibhutipur, District- Samastipur, (Director petitioner no. 2).

... ... Petitioner/s

Versus

1.

The UCO Bank Zonal Office (Anchal Office), Begusarai through its Deputy General Manager-cum- Anchal Head, Sona Jageshwar Complex, Traffic Chowk, Begusarai.

2.

The Deputy General Manager-cum- Anchal Head, UCO Bank, Anchal Office, Begusarai.

3.

The Authorised Officer, UCO Bank, Zonal Office, Begusarai. 4.

The Branch Manager, UCO Bank, Dalsingsarai Branch, Samastipur. 5.

The District Magistrate, Samastipur.

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

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) For UCO Bank Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-05-2022 Petitioner has prayed for the following relief(s):- "I. For quashing the communication letter dated 14.3.2022 issued by the respondent bank to the petitioner no.2 whereby rejecting the

Patna High Court CWJC No.5468 of 2022(3) dt.19-05-2022 2/3 request of the petitioner dated 14.3.2022 has intimated to the effect that physical possession of the mortgaged assets shall be taken by 15.3.2022.

II. For quashing the inventory of moveable properties taken by the bank on 15.3.2022.

III. For restraining the respondent authorities from auction of the taken over possession of the mortgaged property during pendency of the writ petition.

IV. For direction to the respondent authorities to settle the issue amicably as the petitioners are ready and willing to redeemed the mortgaged assets.

V. For any other relief/reliefs to which the petitioners may be entitled to."

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.

Patna High Court CWJC No.5468 of 2022(3) dt.19-05-2022 3/3 The petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Satyavrat Verma, J) K.C.Jha/-DKS U