Anamika Banka, v. The State Bank Of India,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19636 of 2021 ====================================================== Anamika Banka, Wife of Shri Nawal Kishore Banka, Resident of 1st Floor, Banka Bazar, Motijheel, Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State Bank of India, through the Chairman - Cum - Managing Director, State Bank of India, Corporate Centre, State Bank Bhawan, Madame Cama Road, Mumbai - 400021.
2.
The Assistant General Manager, State Bank of India, SME Branch, Ballygunge, 50A, Gariahat, Fifth Floor, Kolkata - 700019. 3.
The Authorised Officer, State Bank of India, SME Branch, Ballygunge, 50A, Gariahat, Fifth Floor, Kolkata - 700019.
4.
The Union of India through the Secretary Ministry of Finance, Govt. of India, New Delhi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Shri Gautam Kumar Kejriwal, Advocate Shri Alok Kumar Jha, Advocate Shri Harshit Gupta, Advocate Shri Mukund Kumar, Advocate For the Respondent/s :
Shri Dr. K. N. Singh, ASG Shri Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-12-2021 The petitioner has prayed for the following relief/s :-
2/4
3/4 Learned counsel for the Respondent-Bank states that the present petition has become infructuous inasmuch as public auction, subject matter of the present petition, did not fructify.
It is brought to our notice that the proceeding under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is pending before the Debt Recovery Tribunal in relation to which the Government has now issued notification authorising the competent authority to preside over the Tribunal.
It is expected from the petitioner to move an application seeking interim protection in the proceedings which are pending before the appropriate authority. Shri Gautam Kumar Kejriwal, learned counsel for the petitioner states that this shall positively be done within a period of two weeks from today.
We only hope and expect the respondent not to precipitate the matter by taking coercive steps during this period.
As such, the present petition stands disposed of in
4/4 the aforesaid terms.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 17.12.2021 Transmission Date