M/S Ramjan Traders Under Propritership Of Md. Haleem v. The State Of Bihar And ORS

Patna High Court CWJC No.17442 of 2015 dt.03-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17442 of 2015 =========================================================== M/s Ramjan Traders Under Propritership Of Md. Haleem Son of Late Ranjan Ali resident of Maharana, P.O. Aorian, P.S. Barahat, District - Banka .... .... Petitioner

Versus

1. The State of Bihar, through the Secretary Finance Department, Government of Bihar, Patna

2. The Secretary, Finance Department, Government of Bihar, Patna

3. The Collector, Banka

4. The Superintendent of Police, Banka

5. The Certificate Officer, Banka

6. The Branch Manager, Central Bank of India, Barahat Branch, Banka

7. The Authorised officer, Concern, Regional Office, Central Bank of India Purnea, Bihar .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Shambhu Sharan Singh, Advocate. For the State : Mr. Deepanjali Gupta, AC to GP-10 For the Bank : Mr. Ajay Kumar Sinha, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-10-2018 The present writ petition has been filed for the following reliefs - (i) For quashing the notice dated 28.09.2015 issued under Rule 8(i) of the Security Interest (Enforcement) Rules 2002 whereby the possession notice for immovable property has been affixed by the authorized Officer, Regional Office, Central Bank of India, Purnea concerning the immovable assets of M/s Ram Jan Traders running under Proprietorship of petitioner Md. Haleem.

(ii) For stay the further proceeding initiated after aforesaid notice dated 28.09.2015 issued by the Authorized

Patna High Court CWJC No.17442 of 2015 dt.03-10-2018 Officer, Regional Office, Central Bank of India, Bihar, Purnea during the pendency of the case.

(iii) For a year more time to pay the rest instalment and amount of respondent- Bank as per Certificate case term wise.

(iv) For other relief/reliefs as your Lordships may deem fit and proper in the facts and circumstances of the case."

2. Learned counsel for the petitioner states on instruction that the parties had arrived at amicable settlement and the outstanding amounts has since been paid by the petitioner against which No Dues Certificate has been issued to him by the respondentBank.

3. Learned counsel for the respondent-Bank is present.

4. In view of the statement made on behalf of the petitioner, the writ petition stands disposed of. (Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04.10.2018 Transmission Date N.A.