Bank Of Baroda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17301 of 2024 ====================================================== Bank of Baroda a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at Baroda House, P.B. No. 506, Mandavi, Baroda-396006 and amongst others a Branch Office at Sri Krishna Puri Branch, Naval Arcade, Boring Road, Patna as well as recovery branches to deal with stressed assets including ROSARB Branch, Nehru Nagar, Patliputra, Patna 800013 represented by Sri Animesh Kumar, the Chief Manager duly constituted attorney holder on behalf of Bank of Baroda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Bhojpur (Arrah). 2.

The District Magistrate, Bhojpur (Arrah).

3.

M/s Kakan Rice Mill P. Ltd. having its registered office at 2nd Floor, A/5, Grand Chandra, Fraser Road, P.S. Kotwali, Patna-800001. 4.

Bhupendra Singh, S/o Ram Kumar singh, Managing Director of M/s Kakan Rice Mill P. Ltd. resident of Mohalla Hari Ji Ka Hatta, Arrah, P.S. Nawada, District Bhojpur, 802301.

5.

Ranvijay Singh, S/o Bhupendra Singh, Director of M/s Kakan Rice Mill P. Ltd. resident of Mohalla Hari Ji Ka Hatta, Arrah, P.S. Nawada, District Bhojpur, 802301.

6.

Mangal Singh, S/o Ram Kumar Singh, resident of Mohalla Hari Ji Ka Hatta, Arrah, P.S. Nawada, District Bhojpur, 802301. 7.

Manju Singh, W/o Bhupendra Singh, resident of Mohalla Hari Ji Ka Hatta, Arrah, P.S. Nawada, District Bhojpur, 802301. 8.

Prabha Singh, W/o Upendra Singh, resident of Mohalla Hari Ji Ka Hatta, Arrah, P.S. Nawada, District Bhojpur, 802301. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kishore For the Respondent/s :

Mr.Addl. Advocate General (05) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-01-2025 It is stated by the counsel that though the District Magistrate has passed necessary orders under Section 14 of the SARFAESI Act vide letter No. 2652/vidhi dated 02.12.2022, the physical possession of the same could not be taken on the

Patna High Court CWJC No.17301 of 2024(2) dt.20-01-2025 2/2 date fixed. Thereafter, the authorities are not taking any steps to take the physical possession of the secured assets. Learned counsel has, therefore, sought a direction from this Court to the Respondent No. 2 to take necessary action strictly in accordance with law.

2. Having regard to the above made submissions, the Respondent No. 2 is directed to take physical possession of the secured assets as per the order passed under Section 14 of the SARFAESI Act on 02.12.2022 duly putting the persons in possession of the subject property on notice.

3. The entire exercise shall be completed as expeditiously as possibly preferably within a period of eight weeks from the date of receipt of the copy of this order.

4. With the above direction the present writ petition stands disposed of.

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