Balajee Ingot India Private Ltd v. The State Bank Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20023 of 2021 ====================================================== 1.
Balajee Ingot India Private Ltd having its registered office at 2/7, Sarat Bose Road, Sixth Floor, Suit No. 3, Vasundhara Building, Kolkata- 700020 through one of its directors namely Ramesh Kumar Daruka male aged about 46 Years son of Ratan Lal Daruka resident of Naya Bazar, Pachna Road, Near Telephone Exchange, Ward No. 22, P.S. town and district Lakhisarai811311. 2.
Nirmal Kanodia, son of Subhkaran Kanodia resident of Naya Bazar, Lakhisarai, District- Lakhisarai- 811311.
... ... 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 Chief Manager, State Bank of India, Lakhisarai Branch, Naya Bazar, Lakhisarai.
3.
The Stressed Assets Recovery Branch having its office at, State Bank of India, Main Branch Building, West Gandhi Maidan, Patna- 800001 through its Assistant General Manager.
4.
The Authorised Officer, The Stressed Assets Recovery Branch having its office at, State Bank of India, Main Branch Building, West Gandhi Maidan, Patna- 800001 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Jha, Advocate Mr. Gautam Kumar Kejriwal, Advocate For the Respondent/s :
Mr. Sanjay Kumar Singh, Advocate Mr.Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-12-2021 Petitioners have prayed for the following relief(s):-
2/4
3/4 Shri Sanjay Kumar Thakur, 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 petitioners 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 petitioners 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) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 16.12.2021 Transmission Date