Hira Devi v. Punjab National Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10106 of 2022 ====================================================== Hira Devi D/o Ram Prasad Sah R/o- 10, Pitambar Sarkar Lane, Khiddirpore, Kolkata, West Bengal. Presently at- W/o Laxmi Narayan Prasad, Baripath, Dariyapur, Opposite Rajdhani Market, Main Gate, P.S.- Pirbahore, Patna. ... ... Petitioner/s

Versus

1.

Punjab National Bank through its Zonal Manager, Circle Office Patna, Chanakya Tower, R-Block, Patna.

2.

Authorised Officer, Punjab National Bank, Circle Sastra Patna North, RBlock, Patna. 3.

Circle Head, Punjab National Bank, Circle Office, Patna North, Chanakya Tower, R-Block, Patna.

4.

Branch Manager, East Gandhi Maidan Branch Punjab National Bank, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Pratap, Advocate For the Respondent/s :

Mr. Mritunjay Kumar, Advocate Mr. Suresh Pd. Singh No.1, Advocate For the Bank :

Ms. Kumari Rashmi, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4 Petitioner is a bona fide purchaser of a property sold vide and in terms of the action taken by the creditor in terms of the Securitization and Financial Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the rules framed thereunder. Sale Certificate issued on 06.08.2019 with the petitioner having deposited a sum of Rs. 30,10,000/-. It is a matter of record that till date possession of the property has not been handed over to the petitioner, nor has the respondent Bank returned the amount. The action of putting the property on auction has not been set aside by any

3/4 Court/authority nor has the Sale Certificate been cancelled till date.

In this view of the matter, we observe that inaction on the part of the respondent Bank can definitely be said to be agonizing and traumatic, if not causing pecuniary loss to the petitioner.

Be that as it may, at this stage, learned counsel for the respondent states that on 23rd of June, 2022 the respondent Punjab National Bank has already approached the District Magistrate, Patna requesting him to render all assistance for taking over and handing over of possession of the auctioned property to the respondent Bank/petitioner.

We only hope and expect that needful shall be done positively within a period of four weeks from today. Liberty reserved to the petitioner to approach the Court, should the need so arise subsequently on the same and subsequent cause of action.

The instant petition stands disposed of in the aforesaid terms.

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

Learned counsel for the respondent Bank undertake to

4/4 communicate the order to the authority concerned by tomorrow. (Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 11.08.2022 Transmission Date