Krishna Kumar Sinha v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19347 of 2021 ====================================================== 1.

Krishna Kumar Sinha son of Late Shyam Bihari Lal, Resident of MohallaSri Ram Colony, Bengali Colony Road, Town-Patnacity, P.O.-Begumpur, P.S.-Chowk, District-Patna.

2.

Smt. Sunita Sinha, Wife of Sri Krishna Kumar Sinha, Resident of MohallaSri Ram Colony, Bengali Colony Road, Town-Patnacity, P.O.-Begumpur, P.S.-Chowk, District-Patna.

... ... Petitioners

Versus

1.

Union of India Department of Financial Services, Government of India, New Delhi, through its Secretary.

2.

Indian Bank (Erstwhile Allahabad Bank), Patna Main Branch, Budh Marg, Town and District-Patna (Bihar), through its Chief Manager. 3.

The Authorized Officer, Indian Bank (Erstwhile Allahabad Bank), Patna Main Branch, Budh Marg, Town and District-Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Sanjiv Kumar.

For the Respondents :

Mr. Dr. Krishna Nandan Singh (ASG) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 25-11-2021 On a mentioning having been made for urgent hearing on behalf of the learned counsel for the petitioner, the matter has been notified to be taken up at 2:15 p.m. The petitioner's residential house has been put to auction sale during the pendency of an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, bearing

Patna High Court CWJC No.19347 of 2021(2) dt.25-11-2021 2/2 No. 101 of 2021 which is pending before the Debt Recovery Tribunal, Patna. The Tribunal is non-functional because the post of the Presiding Officer of the Tribunal is vacant. It is in the said wake, a mention was made for urgent posting of this matter for stay of the auction sale, fixed for today itself.

Learned counsel appearing on behalf of the Bank, has informed this Court that the said sale notice dated 22.10.2021 has been withdrawn today.

In such view of the matter, this application has become infructuous and stands disposed of accordingly. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U