High Court Patna High Court - Orders

Binay Kumar Gupta vs The State Of Bihar &Amp; Ors on 27 January, 2011

Patna High Court – Orders
Binay Kumar Gupta vs The State Of Bihar &Amp; Ors on 27 January, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                           CWJC No.817 of 2011
                   Binay Kumar Gupta, S/o Late Rameshwar Prasad Gupta,
                   Resident of West Telpa Gandhi Chowk, Chapra, P.S.-Town, Chapra,
                   District-Saran at Chapra.
                                                                           .......Petitioner.
                                                   Versus
                   1. The State of Bihar through its Chief Secretary Old Secretariat, Patna
                       (Bihar).
                   2. The Regional Manager, Punjab National Bank, Saraiyaganj (Pankaj
                       Market), District-Muzaffarpur.
                   3(i).The Chief Manager, Punjab National Bank Hathwa Market, B.O.
                       Chapra (Bihar).
                   3(ii) The Authorised Officer, Punjab National Bank, Chapra Branch,
                       Chapra.
                   4. Damodar Prasad Gupta, S/o Late Sant Lal Sah, proprietor Anpurna
                       Fertilizer Agency, Gandhi Chowk Chapra, District-Saran.
                   5. Awadhesh Kumar Gupta,
                   6. Santosh Kumar Gupta,
                   7. Manoj Kumar Gupta,
                       All sons of Damodar Prasad Gupta, resident of Gandhi Chowk,
                       Chapra, P.S. Chapra, Town, District-Saran at Chapra.
                                                                     ..........Respondents.

                                                   -----------

For the petitioner : Mr. Nawal Kishore Singh, Advocate.

For the Bank : Mr. Mahesh Narain Parbat, Advocate.

For the State : Mr. S.C. Verma, A. C. to S. C. -14.

——-

02/ 27.01.2011 Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. This writ petition has been filed by the petitioner for

directing the respondents to take suitable action against respondent

nos. 3 and 4 for committing forgery and criminal breach of trust

with the petitioner and Punjab National Bank both in giving and

taking loan from the Bank and further to quash the notices under

Section 13 of the Securitization and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002 (hereinafter
-2-

referred to as ‘the SARFAESI Act’ for the sake of brevity) issued

through the authorised officer of the Bank for confiscation of the

undivided landed property of the petitioner along with respondent

no.4 for recovery of the loan amount.

3. After some arguments, learned counsel for the

petitioner seeks permission to withdraw this petition in order to file

an appeal against the impugned order before the Debt Recovery

Tribunal under the provision of Section 17 of the SARFAESI Act.

4. Accordingly, this writ petition is disposed of as

withdrawn with the aforesaid liberty. However, if the petitioner

files an appeal within fifteen days from today before the

appropriate authority under Section 17 of the SARFAESI Act

along with a copy of this order and an application for condoning

the delay, the said authority shall consider the delay caused due to

the pendency of this writ petition and shall decide the appeal on

merits in accordance with law expeditiously.

(S. N. Hussain, J.)

Sunil