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2019 Supreme(Pat) 1862

RAJEEV RANJAN PRASAD
SUJAY KUMAR – Appellant
Versus
U. C. O. BANK, THROUGH GENERAL MANAGER, KOLKATA – Respondent


Advocates Appeared:
Badri Narayan Singh, Advocate, Sanjay Kumar Pandey, Advocate, Shivendra Kr Roy, Advocate

JUDGMENT/ORDER :

Rajeev Ranjan Prasad, J.

This Writ Application has been filed seeking quashing of the auction notice issued by the UCO Bank, Zonal Office at Begusarai (hereafter referred to as 'respondent-Bank'), published in daily Hindi Newspaper "Hindustan".

2. It is the case of the writ petitioner that the auction notice published on 01.09.2019 is in complete contravention of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act, 2002' or 'Act of 2002'). It is contended that earlier the respondent-Bank had filed Original Application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (as amended upto date) giving rise to O.A. No. 810/2016. After filing of the said Original Application, the loan account had been upgraded and it was declared out of Non-Performing Asset (NPA) category, therefore the respondent-Bank withdrew O.A. No. 810/2016.

3. It is also the contention of learned counsel for the petitioner that the respondent-Bank cannot take possession of the two Air Condition Buses of the petitioners forcibly and without following the established proced

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