IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 3059 of 2009
--
M/s Chhotanagpur Agro Agencies & Others ....Petitioners
Versus
The Chief Manager & Authorised Officer ......Respondent
-----
Coram :THE HON'BLE MR. JUSTICE R.K.MERATHIA
For the Petitioners : Mr. Sanjay Kumar, Advocate
For the Bank : Mr. Gyanendra Kumar, Advocate
-----
3/08.03.2011
According to the petitioners, notice under section 13 of
the SARFAESI Act was not served on them. Whereas according to
Bank, it was issued.
Counter affidavit filed on behalf of the Bank is not
satisfactory.
Counsel for the Bank submitted that he will file further
affidavit to show whether it was served on petitioners or not and in
what manner. He further submitted that during pendency of the writ
petition, the property has been sold on auction.
Mr. Gupta, appearing for the petitioners, submitted that
sale has not been confirmed to his knowledge.
Counsel for the Bank will supply the details of the
purchaser to the counsel for the petitioners, by tomorrow (9.3.2011).
Petitioners will implead the auction purchaser as party
respondent and will take steps for service of notice on the auction
purchaser by special messenger, by day after tomorrow ( 10.3.2011).
As prayed, one week time is allowed for filing
supplementary counter affidavit.
Reply, if any, within one week thereafter.
Put up this case on 24.3.2011 under the heading For
Orders.
Till the next date, if not already done, the auction sale will
not be confirmed.
( R.K. Merathia, J)
Rakesh