Lal Babu Jaiswal v. The Chief Manager Cum The Authorised Officer, Bank Of Baroda

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.302 of 2018 In Civil Writ Jurisdiction Case No.2066 of 2018 ====================================================== Lal Babu Jaiswal, son of Achhelal Jaiswal, Proprietor of Hari Om Mini Rice Mill, resident of Ward No. 46, Chandan Nagar, Purnea, District- Purnea ... ... Appellant/s

Versus

The Chief Manager Cum The Authorised Officer, Bank of Baroda, Gulab Bagh Branch, Purnea, P.O. Gulab Bagh, District- Purnea ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-03-2018 Having heard learned counsel for the parties, we find that in the matter in question the learned Writ Court in directing the appellant to take recourse to the statutory remedy available under the SARFAESI Act has not committed any error. However, keeping in view the apprehension of the appellant and the auction notice (Annexure-1) we direct that the auction shall be kept in abeyance for a period of 30 days from today to enable the appellant to file an appeal and seek interim relief from the statutory appellate authority.

With the aforesaid modification to the order passed by the learned Writ Court in C.W.J.C. No. 2066 of 2018 on

Patna High Court LPA No.302 of 2018 dt.13-03-2018 2/2 21.02.2018, the Letters Patent Appeal stands disposed of. (Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 15.03.2018 Transmission Date