Satyajeet Krishna, v. The Indian Bank (Allahabad Bank),
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5562 of 2022 ====================================================== Satyajeet Krishna, Son of Sri Binod Kumar, Resident of Dr. A.K.N. Sinha Path, near IMA Hall, Post Office - Bankipore, Police Station - Gandhi Maidan, District - Patna.
... ... Petitioner/s
Versus
1.
The Indian Bank (Allahabad Bank), through its Zonal Manager, Dak Bunglow Road, Near Tara Mandal, Police Station - Kotwali, District - Patna. 2.
The Zonal Manager, Indian Bank (Allahabad Bank), Dak Bunglow Road, Near Tara Mandal, Police Station - Kotwali, District - Patna. 3.
The Authorized Officer, Stressed Asset Management Branch, Indian Bank (Allahabad Bank), Near Pole No. 12, Khajpura, Patna. 4.
Mrs. Pummy Singh, Wife of Sri Raju Kumar, Resident of Pethia Bazar, Phulwari Sharif, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gyanendra Kumar Singh, Advocate For the Respondent/s :
Mr. Ranjan Ghoshrave, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-08-2022 Petitioner has prayed for the following relief(s):-
2/4 Shri Rajendra Narayan, learned Senior Counsel for the petitioner, refers to and relies upon a decision rendered by Hon'ble the Apex Court in Vishal N.Kalsaria vs. Bank of India and Others; (2016) 3 SCC 762 whereas, on the other hand, learned counsel for the respondents refers to and relies
3/4 upon a decision rendered by Hon'ble the Apex Court in Bajarang Shyamsunder Agarwal vs. Central Bank of India & Another; (2019)9SCC94.
Having heard learned counsel for the parties, we are of the considered view that it would be only prudent for the petitioner to first approach the Tribunal under the provision of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, an authority, which can examine the factual matrix based upon the pleadings and materials placed on record by the respective parties. At this stage, we are informed that the possession of the shop (tenanted) already stands taken over by the respondent-Bank.
Shri Ranjan Ghoshrave states that the respondent-Bank shall not precipitate the action leaving liberty to the petitioner to approach the Tribunal within a period of two weeks and move an application.
Liberty reserved to the petitioner to move an application for desealing the premises.
Needless to add, it shall be so done strictly in accordance with law, for we have left all questions of fact and law to be adjudicated by the appropriate authority.
4/4 Petition stands disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 11.08.2022 Transmission Date