Kamlesh Kumar @ Kamlesh Pandit v. The Zonal Manager,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11362 of 2021 ====================================================== Kamlesh Kumar @ Kamlesh Pandit S/o Nagendra Pandit Resident of VillageBankil Ward no. 9 Hirauta, Duma P.S.-Tariyani, District-Sheohar. ... ... Petitioner/s

Versus

1.

The Zonal Manager, Bank of India Zonal Office, Muzaffarpur. 2.

The Branch Manager Bank of IndiaHiraut Duma, Sheohar Branch, Sheohar. 3.

The Chief Manager and Authorised Officer Area Manager Office, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Sinha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 07-03-2022 The petitioner has put to challenge notice dated 06.01.2018 issued under Section 13(2) and further notice dated 21.01.2021 issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) and the consequential sale notice published in the newspaper on 12.02.2021.

It appears, on the basis of submission made on behalf of the petitioner that date of auction was fixed on 19.03.2021, but no auction could take place on the said date. In such view of the matter, we are not inclined to

Patna High Court CWJC No.11362 of 2021(2) dt.07-03-2022 2/2 entertain this writ petition as there is nothing on record to show that any subsequent notice for auction has been issued. This application is accordingly dismissed.

The petitioner shall, however, be at liberty to approach appropriate forum in accordance with law, if situation so warrants as he may be legally advised.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U