IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11789 of 2021

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1.

M/s Gupta Traders through its Proprietor Chunnu Kumar Gupta Resident of

Village - Trigun Dihri, Dhantoliya Kali Asthan, Ward No. - 10 (New - 26),

P.O. and P.S. - Dehri on Sone, Town and Distt.- Rohtas.

2.

Chunnu Kumr Gupta S/o Krishna Sah Resident of Village - Trigun Dihri,

Dhantoliya Kali Asthan, Ward No. - 10 (New - 26), P.O. and P.S. - Dehri on

Sone, Town and Distt.- Rohtas.

3.

Devanti Devi W/o - Krishna Sah Resident of Village - Trigun Dihri,

Dhantoliya Kali Asthan, Ward No. - 10 (New - 26), P.O. and P.S. - Dehri on

Sone, Town and Distt.- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Rohtas (Sasaram).

3.

The Authorized Officer, Punjab National Bank, Circle Office, Aurangabad

branch, Maharajganj Road, Distt.- Aurangabad.

4.

The Branch Manager, Punjab National Bank, Branch Office Dalmianagar at

Dalmianagar.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Alok Ranjan, Advocte

For the Respondent/s

:

Smt. Anuradha Singh, GP-21

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

(The proceedings of the Court are being conducted by Hon’ble the Chief

Justice/Hon’ble Judges through Video Conferencing from their

residential offices/residences. Also the Advocates and the Staffs joined the

proceedings through Video Conferencing from their residences/offices.)

2

10-01-2022

Petitioners have prayed for the following relief(s):

“(i). For a direction upon the Bank,

restraining it from taking physical possession of

the only residential house of the petitioners on

the strength of ex-parte order, passed by District

Patna High Court CWJC No.11789 of 2021(2) dt.10-01-2022

2/3

Magistrate, Rohtas at Sasaram (Respondent No.

2) in an application under Section 14 of the

SARFAESI Act filed by the Bank.

(ii). For issuance of direction upon

Respondent No. 2, to recall his order passed in

application under Section 14 filed by the Bank

and grant an opportunity to the petitioners by

issuing him a notice, and hear him on the factual

aspects of the case.

(iii). For holding that the alleged

order has not delivered to the petitioners but

communicated to him by a letter no. 36 dated

12.02.2021 has been passed in the teeth of the

judgment passed by Hon’ble Allahabad High

Court in the case of Kumkum Tentiwal versus

State of U.P. and others and affirmed by

Hon’ble Apex Court in SLP (C) No. 8191 of

2019 whereby and whereunder it has been made

mandatory for the District Magistrate to follow

the principles of Natural Justice before issuing

any order prejudicial to the interest of the

Borrowers.

(iv). For holding that under Section

17(1) of SARFAESI Act, unless and until DRT,

where the SARFAESI Application No. 140 of

2020 and 13 of 2019 filed by petitioners are

pending, declares the recourse taken by secured

creditor under Section 13(4) of the Act to be in

accordance with the provisions of this Act and

the Rules made thereunder, the secured creditor

shall not be entitled to take recourse to one or

more of the measures specified under Section

13(4) of the Act to recover his secured debt.

(v). For any other relief/reliefs, the

petitioners may be found entitled in the facts and

circumstances of the present case;

And in the interim

The petitioners prays for direction

upon Bank prohibiting it from taking physical

possession of the property, based on the ex-parte

order, which is in teeth of various judgments or

Hon’ble Apex Court and High Court.”

Learned counsel for the petitioner states that a petition

is already pending before the Debt Recovery Tribunal.

Patna High Court CWJC No.11789 of 2021(2) dt.10-01