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2013 Supreme(Jhk) 279

APARESH KUMAR SINGH
Anup Electronics, a proprietorship concern situated at Shree Durga Market, Dhanbad – Appellant
Versus
Bank of India – Respondent


Advocates appeared:
For the Petitioner: Mr. H.K. Mehta.
For the Respondents: Mr. A. Allam.

ORDER

1. Heard learned counsel for the parties.

2. The order dated 15.10.2012 passed by the Presiding Officer, Debt Recovery Tribunal, Ranchi in SARFAESI Appeal No. 112 of 2012, Annexure-11, is under challenge by way of this writ petition.

3. The petitioner had preferred the said appeal being aggrieved by the notice issued under Section 13(4) of the SARFAESI Act, 2002 intending to take possession of the secured property and according to the learned counsel for the respondent-Bank, symbolic possession of the property has been taken. Learned counsel for the petitioner has, however, submitted that earlier there was an offer of one time settlement under which the petitioner had made certain payments and, thereafter, notices were issued for taking possession of the immovable property in question invoking the provisions of SARFAESI Act, 2002 by the Bank. It is submitted that the DRT, Ranchi has issued notice upon the petitioner, thereafter, the petitioner and other respondents have appeared, but the DRT, Ranchi has refused to grant interim order so far as the possession of the property is concerned against which the present writ petition has been preferred.

4. Learned counsel for the respon






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