Sanjay Kumar v. The Chief Manager

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1120 of 2021 ====================================================== Sanjay Kumar Son of Late Parmeshwar Sah Resident of Village- Nayatola Jokarpura, P.O.- Surajgarha, P.S.- Surajgarha, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The Chief Manager Uco Bank Zonal Office 4th Floor, Block-A, Maurya Lok Complex, New Dak Bunglaw Road, Patna-1.

2.

The Authorised Officer Zonal Office, Uco Bank, Patna. 3.

The Branch Manager Uco Bank, Suryagarha, District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rabi Bhushan, Adv For the UCO Bank :

Ms. Sheela Sharma, Adv Mr. Shivendra Kr. Roy, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 22-12-2021 The petitioner has assailed a notice dated 28.05.2019 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act in short) by which he has been directed to pay the dues of the Bank.

A counter affidavit has been filed on behalf of the UCO Bank from which it appears that formal possession of the property in question has been taken by the Bank in accordance with Section 13(4) of the SARFAESI Act. The petitioner has admittedly not preferred appeal against the action of the Bank.

Patna High Court CWJC No.1120 of 2021(4) dt.22-12-2021 2/2 Considering the facts and circumstances of the case, this application is disposed of accordingly with a liberty to the petitioner to prefer appeal against the action before the Tribunal in accordance with law.

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