Brajesh Kumar v. The Bank Of Baroda

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14652 of 2019 ====================================================== Brajesh Kumar Son of Ramkali Singh, Resident of Tapeshwarii Bhawan, Arwalsipah, Tola- Ganesh Bigha, Police Station- District- Arrwal. ... ... Petitioner/s

Versus

1.

The Bank of Baroda Through its Chairmaan-Cum-Managing Director, 2.

The General Manager, Bank of Baroda, Regional Office, IVth Floor, Anand Bihar, West Boring Canal Road, Patna.

3.

The Deputy General Manager, Bank of Baroda Regional Office IVth Floor, Ananda Vihar West Boring Canal Road, Patna.

4.

The Authorized Officer and Chief Manager (Recovery) Bank of Baroda, West Boring Canal Road, Patna.

5.

The Branch Manager, Arwal Branch, Bank of Baroda, Jehanabad Road, Arwal, Distt.- Arwal.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Respondent/s :

Mr. Nishi Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-12-2022 Petitioner has prayed for the following relief(s): "That this is an application for issuance of an appropriate writ(s), order(s) for quashing of the letter contained in RO/Patna/LEG/2019/8 dated 08.5.2019 issued under the signature of Respondent No. 4 whereby and whereunder representation filed by the petitioner

Patna High Court CWJC No.14652 of 2019(2) dt.05-12-2022 2/3 under section 13 (3) (A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act) has been rejected.

And further for issuance of an appropriate writ (s) order(s) for quashing of the notice issued to the petitioner under Sub section (2) of the Section 13 of the SARFAESI Act, contained in BOB/RECV/2019/338 dated 25.2.19 under the signature of Respondent No. 4 whereby and whereunder petitioner has been directed to discharge his liabilities to the Respondent Bank aggregating Rs. 14469489/- (Rupees One Crore Forty four Lakh Sixty Nine Thousand and Four hundred eighty nine only) within sixty days from the date of the notice.

And further for a direction to the Respondent Bank to regularise the loan account of the petitioner, so that he can transact from his account for business purposes.

And during the pendency of this application may restrain the Respondent Bank from taking any coercive action against the petitioner under SARFAESI Act, 2002.And/Or Pass such other order(s) as your lordships may deem fit and proper."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Prayer allowed.

Present petition stands disposed of as withdrawn.

Patna High Court CWJC No.14652 of 2019(2) dt.05-12-2022 3/3 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Saurabh/- U