A.B. Enterprises (Partner Sunil Singh) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6126 of 2022 ====================================================== A.B. Enterprises (Partner Sunil Singh) (Male), aged about 52 years, Son of Sri Balkrishan Singh, Resident of Village- Dalmiyanagar Dehri, DistrictRohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar through D.M., Rohtas at Sasaram. 2.

The Authorized Officer, PNB Zonal Office, R. Block, Patna. 3.

The Authorized Officer, Punjab National Bank, Circle Officer, Aurangabad. 4.

The Chief Manager, Punjab National Bank, Baheria Branch (Rohtas). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Respondent/s :

Ms. Anuradha Singh ( Sc 21 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and628 HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 17-05-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

2/4

3/4 Undisputedly, respondent Bank has initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 which are pending consideration before the appropriate forum (DRT Patna). Notice for possession of the property mortgaged with the borrower stands issued by the Bank. This was on 11th of December, 2019. Even this notice is subject matter of the proceedings before the appropriate forum. In terms of the said notice, with the aid of the district administration, the possession of the mortgaged property stands taken over by the Bank. In our considered view, all issues raised herein need to be raised by the petitioner herein before the appropriate forum in the proceedings already initiated by the respondent and / or other proceedings which the petitioner may be advised to initiate.

As such, the present petition is disposed of reserving liberty to the petitioner to initiate appropriate action in accordance with law. We are hopeful that as and when petitioner initiates such proceedings, the same may be considered and decided expeditiously and preferably within a period of three months thereafter.

4/4 Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date 18.05.2022 Transmission Date NA