Vijay Kumar Sinha v. The State Bank Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 8965 of 2019 ====================================================== 1.
Vijay Kumar Sinha, Son of Late Bineshwari Prasad Sinha, Resident of Mohalla DIET Campus Panchayati Akhara, Police Station, Gaya Town, District- Gaya.
2.
Anita Mishra, Wife of Vijay Kumar Sinha, Resident of Mohalla DIET Campus Panchayati Akhara, Police Station- Gaya Town, District- Gaya. ... ... Petitioner/s
Versus
1.
The State Bank of India through the Chief General Manager, Local Head Office, Gandhi Maidan, Patna.
2.
The General Manager, State Bank of India Local Head Office, Gandhi Maidan, Patna.
3.
The Branch Manager, State Bank of India, Gandhi Maidan, Branch, Gaya. 4.
The Authorized Officer, State Bank of India, Gandhi Maidan Branch, Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Sinha, Advocate Mr. Aditya Narain Singh, Advocate For the Respondent/s :
Mr. Kaushlendra Kumar Sinha, Advocate Mr. Kaushalesh Choudhary, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-11-2022 Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):- "For issuance of a writ in the nature of certiorari for quashing of the notice dated 4.12.2018 issued under the signature of authorized officer State Bank of India, Gandhi Maidan Branch, Gaya, under which the property indicated in the impugned order has been taken under the possession of the authorised officer of the respondent bank on the ground of non-payment of loan amounting of
Patna High Court CWJC No. 8965 of 2019 dt.01-11-2022 2/2 Rs. 5,37,439/- plus interest. The said impugned notice is issued under section 13(4) read with rule 9 of the SARFAESI Act, 2002."
After the matter was heard for some time, learned counsel for the petitioners seeks permission to withdraw the present petition reserving liberty to initiate appropriate proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 in accordance with law. At this stage, learned counsel for the petitioners submits that petitioners also intend to approach the respondent-bank. Well, it is always open for the petitioners to approach respondent-bank for amicable resolution of the disputes. Petition stands disposed of with the liberty aforesaid. Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 03.11.2022 Transmission Date