M/S Barnali Publications Pvt. Limited, v. The Union Of India Through The Registrar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2740 of 2023 In Civil Writ Jurisdiction Case No.12075 of 2023 ====================================================== M/s Barnali Publications Pvt. Limited, 405, Pushpanjali Complex, Near Jamuna Apartment, Boring Road, P.S.- Srikrishnapuri, Patna- 800001, represented through its Director, Rahbar Abdin aged about 38 years, Male, S/O Sarwar Abdin.

... ... Petitioner/s

Versus

1.

The Union of India through the Registrar Debts Recovery Tribunal, Karpuri Sadan, 2nd Floor, A, B, F wings, Kendriya Karamchari Parisar, (GPOA), Ashiana Digha Road, Patna- 800025.

2.

The State of Bihar through Dr. Chandra Shekhar Singh S/O not known, District Magistrate, Patna.

3.

Mr. Avadhesh Kumar, The Assistant General Manager, State Bank of India, Stressed Assets Recovery Branch, (SARB), 2nd Floor, Patna Main Branch Building, West Gandhi Maidan, Patna-800001 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Binay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Additional Solicitor General For the Bank :

Mr. Anant Kumar Sharan, Adv.

Mr. Prabhat Kumar Sharan, Adv.

Mr. Hemant Kumar Sharan, Adv.

For the State :

Mr. Raghuwendra Kr. SC 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 06-09-2024 This Court vide order dated 28.08.2023 while hearing the C.W.J.C. No. 12075 of 2023 has directed the petitioner to deposit an amount of Rs. 12,00,000/- by 08.09.2023.

2. Learned counsel for the petitioner has stated that pursuant to the same, the petitioner had deposited the amount to the credit of the loan account. However, the respondent bank authorities have written to the District Magistrate to take

Patna High Court MJC No.2740 of 2023(6) dt.06-09-2024 2/2 physical possession of the property.

3. Learned counsel for the respondent-Bank has stated they have written the letter on 28.08.2023 i.e., even before the order was passed by this Court. That after the present order has been brought to the notice of the bank officials, they have not taken any steps to take possession of the subject property. Further, it is stated that the said factum of deposit has already been apprised to the Sub Divisional Officer concerned with a request not to take any further action and till date no action has been taken on the letter dated 28.08.2023.

4. Having regard to the above mentioned facts and circumstances, this Court does not find that there is any wilful or deliberate violation of the order passed by this Court passed in C.W.J.C. No. 12075 of 2023 dated 28.08.2023.

5. The contempt is accordingly, closed.

(A. Abhishek Reddy, J) Gauravkr/- U