M/S Milan Enterprises v. The Chairman, State Of Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12934 of 2022 ====================================================== M/s Milan Enterprises Dariyapur, Bari Road, Patna - 800004, through its Proprietor Md. Naseem, Son of Late Abdul Shakoor. ... ... Petitioner/s

Versus

1.

The Chairman, State of Bank of India State Bank Bhawan, Madame Cama Marg, Mumbai - 400021.

2.

The Regional Manager, State Bank of India Regional Business Office 1, Administrative Office, J.C. Road, Patna - 800001. 3.

The Chief Manager, State Bank of India, Govind Mitra Road Branch, Govind Mitra Road, P.S. - Pirbahore, Patna - 800004. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Binay Kumar Singh, Advocate Mr. Amit Singh, Advocate For the Respondent/s :

Mr. Binod Bihari Sinha, Advocate Mr. Santosh Kumar Singh, Advocate Mr. Divyam Verma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-09-2022 Heard learned counsel for the parties.

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

2/6

3/6

4/6 Learned counsel for the respondent Bank states that the present petition is premature, inasmuch as no action

5/6 under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the Act") stands taken.

Learned counsel for the petitioner submits that petitioner, with the issuance of the demand notice dated 05.07.2022, issued under Section 13(2) of the Act, had submitted several representations which are yet pending consideration with the Bank.

Learned counsel for the respondent Bank states that prior to the passing of any order/taking any action under the Act, the petitioner's case, as set out in the representation(s), shall be considered and decided in accordance with law, and till then, no coercive action shall be taken against the petitioner.

Statement accepted and taken on record.

In view of the statement made on behalf of the respondent Bank, the present petition stands disposed of. However, no coercive action shall be taken against the petitioner till the decision is taken on the petitioner's request.

6/6 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 15.09.2022 Transmission Date