M/S Sri Jagannath Cold Storage Pvt. Ltd. v. The State Of Bihar Through Secretary, Department Of Personnel And Administration

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20092 of 2021 ====================================================== M/s Sri Jagannath cold Storage Pvt. Ltd. At and P.O. Bajidpur, Vidyapatinagar, Samastipur through one of its Director Sri Shyam Kishor Sahani aged about 33 years, Male, S/o Late Shivjee Sahani, R/o Vill. Mirzapurganj, Vidyapati Nagar, Samastipur, ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Department of Personnel and Administration Govt. of Bihar, Patna.

2.

District Magistrate, Samastipur, Bihar.

3.

Sub- Divisional Magistrate, Samastipur.

4.

Authorized Officer, Punjab National Bank, Katihar Regional Office, Dr. Rajendra Pd. Path, District- Katihar, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jyoti Prakash, Advocate For the Respondent/s :

Mr.Manish Kumar ( G.P. 4 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-03-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s). "That the present writ petition is being filed for quashing order dt. 28.05.2021 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act, 2002) which was passed relying on decision of Bombay High Court in Cr. W.P. No. 2767 of 2006 under Section 14 of the SARFAESI Act, 2002 which was not in existence on the date of the order impugned and was amended by the Enforcement of Security Interest and Recovery of Debts Law (Amdt.) Act, 2012 (Act 1 of 2013) dt. 3.1.2013 w.e.f. 15.01.2013."

Patna High Court CWJC No.20092 of 2021 dt.23-03-2022 2/2 On 08.03.2022 we had passed the following order:- "For compliance of the earlier order, adjournment is prayed for on the ground that the original counsel is not available today in the post-lunch session when the matter is taken up. List, as prayed for, on 23rd of March, 2022."

Today learned counsel for the petitioner seeks permission to withdraw this petition.

Permission is granted.

This petition is disposed of as withdrawn with liberty to pursue the matter in accordance with law. (Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date