Patna High CourtCWJC/1311/2018withdrawn

Sanjay Kumar v. The Bank Of Baroda, Through Its Chairman Cum Managing Director And ORS

2018-02-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1311 of 2018 =========================================================== Sanjay Kumar, Son of Late Satyanarayan Singh, Resident of Ward No. 1, Issufchak, Takiya Bazar, Police Station Sasaram Model, District Rohtas. .... .... Petitioner

Versus

1. The Bank of Baroda, through its Chairman cum Managing Director, Suraj Plaza - 1, Sayaji Ganj, Baroda - 390005.

2. The Regional Manager, Regional Office, Bank of Baroda, West Boring Canal Road, Anand Vihar, Patna.

3. The Senior Manager-cum-Authorised Officer, Bank of Baroda, Sasaram Branch, Hasnu Market, Old G.T. Road, Sasaram, District - Rohtas, Bihar. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ajay Prasad, Mr. Ajit Kumar Sinha, Advocates For the Respondents : Mr. Purusottam Prasad, Mr. R.N. Sinha, Advocates =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 22-02-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for quashing the possession notice dated 19.12.2017 issued by the respondent authorities under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, "SARFAESI Act") pasted on the wall of the petitioner's premises without disposal of the representation filed by the petitioner under Section 13(3A) of the SARFAESI Act.

3. After some arguments, Mr. Ajay Prasad, learned counsel for the petitioner seeks permission to withdraw the writ petition with

Patna High Court CWJC No.1311 of 2018 dt.22-02-2018 2/2 liberty to avail of the statutory remedy by way of appeal before the Debts Recovery Tribunal.

4. As prayed, the writ petition is permitted to be withdrawn and dismissed with the aforesaid liberty.

B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.02.2018 Transmission Date N.A.