Sriram Rice Mill A Proprietorship Firm At Ahirauli, Aarah Buxar Main Road, v. The Authorized Officer-Cum-Assistant General Manager, State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 18756 of 2021 ====================================================== Sriram Rice Mill a Proprietorship firm at Ahirauli, Aarah Buxar Main Road, Buxar-802101 through its Proprietor Sri Devendra Prasad, Son of Sri Baban Prasad, Resident of Village-Ahirauli, Buxar, District-Buxar, PIn-802116. ... ... Petitioner/s

Versus

1.

The Authorized Officer-Cum-Assistant General Manager, State Bank of India Stressed Asset Recovery Branch, 2nd Floor, Patna Main Branch Building, Patna-800001.

2.

The State Bank of India, Buxar Main Branch, through its Branch Manager, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Ajay Kumar Sinha, Sr Advocate with Mr Ajit Kumar Sinha, Advocate For the Respondent/s :

Dr Binod Bihari Sinha, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH) 23-11-2021 Petitioner is seeking stay of two E-auction notices dated 13.10.2021 for E-auction of movable and immovable properties of the petitioner. The dates fixed for E-auction are 18.11.2021 and 25. 11.2021.

Though the petitioner has statutory remedy of appeal before the Debts Recovery Tribunal, the said Tribunal is, admittedly, non-functional as the post of Presiding Officer of the Tribunal is vacant.

Learned counsel representing the State Bank of India has informed this Court that in respect of the proposed E-

Patna High Court CWJC No.18756 of 2021(2) dt.23-11-2021 2/2 auction on 18.11.2021, no bidder turned up. Further, the notice of proposed E-auction on 25.11.2021 has been withdrawn. Mr Ajay Kumar Sinha, learned senior counsel appearing on behalf of the petitioner, in such circumstance, seeks permission to withdraw this application with liberty to approach this Court again in future, if situation so requires. This writ application stands dismissed as withdrawn with the liberty as sought.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) M.E.H./- U