Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C)No. 4706 of 2016 Ajit Kumar Singh ….... Petitioner Vrs.
1. Allahabad Bank through its Chairman cum Managing Director, Kolkata 2. The Authorized Officer cum Chief Manager, Allahabad Bank, Harmu,Ranchi 3. Manoj Kumar, Manager M/s Creative Developer, Ranchi 4. Axis bank Ltd., Tharpakna, Ranchi through its Chairman cum Managing Director, Delhi as also Branch Manager, Axis Bank Ltd., Tharpakna, Ranchi 5. State of Jharkhand through Deputy Commissioner, Ranchi 6. Senior Superintendent of Police, Ranchi .... Respondents ….... CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioners : Mr. Prabhash Kumar For the Respondents : Mrs. A.R. Choudhary ( for the Resp. Allahabad Bank) 07/11.05.2017 Petitioner has approached this Court with the following prayer:- “1(A) Rule Nisi for issuance of a writ or a writ of or in the nature of a writ of certiorari for quashing that part of action of Respondent, D.C., Ranchi whereby pursuant to a requisition made by Allahabad Bank U/s 14 SARFAESI Act, the Magistrate and Police deputed by D.C., Ranchi has dispossessed the petitioner in his absence from his flat bearing Flat No. 101A or Flat No. F-2 bearing Plot No. 439, sub-Plot No. 439/A and 439/A-2, Khata no. 143, Thana No. 193, situated at Sattar Colony, Bariatu, P.O. -R.M.C.H., P.S. Bariatu, Ranchi and have prepared the inventory of the articles present in the said Flat and have put their seal and lock in the main gate of Flat inspite of the fact that the petitioner is a bonafide purchaser of said Flat from Respondent no.3, Manoj Kumar Creative Developers and have paid the entire consideration amount to him and petitioner was in possession of said Flat AND to put the petitioner in khas possession of Flat as stated above after removing the seal and lock of Flat AND not to disturb the petitioner from his peaceful possession of said Flat and allow him to live peacefully in that flat without any hindrance and obstacle. (B) For issuance of a writ/ order/direction directing upon Respondent Allahabad Bank not to put the aforesaid flat in e-Auction and prior to that a direction may be made to Allahabad Bank Respondent No. 1 and 2 to enter into negotiation with petitioner to find out modalities for redressal of petitioner grievances and held a conference / consultation with petitioner in order to find out any feasibility of compromise and settlement of price of said Flat on account of the fact that petitioner has entered into an agreement with Respondent No. 3 Creative Developers in respect of said flat and petitioner has paid the entire consideration amount and made substantial investment in modernization of flat to respondent No.3 Manoj Kumar to Creative Developers and after getting the full consideration amount, the Creative Developers has handed over the vacant possession of flat and petitioner was in possession of said flat prior to sealing off the same by D.C., Ranchi on 14.06.2016 and dispossessed the petitioner from said flat. (C) For issuance of a writ of Mandamus and prohibition, prohibiting the Respondent No.1 and 2 Allahabad Bank not to put the petitioner's Flat in question under E-Auction notice AND for a writ/order/declaration that entire proceeding under SARFAESI Act in respect of petitioner's Flat No. F-2 of Schedule property bearing Plot No. 439, Sub-Plot No. 439/A and 439/A-2, Khata no. 143, Thana No. 193, situated at Sattar Colony, Bariatu, P.O.-RMCH, P.S. Bariatu, Ranchi-834009 is void illegal, arbitrary, violative of mandatory provision of SARFAESI Act and rules framed thereunder. (D) For issuance of a writ/order/direction upon Respondent No.4, Axis Bank, Tharpakhna Raod, Ranchi to lay bare and explain before this -2- Hon'ble court to how and under what circumstances axis Bank had granted loan to the petitioner for purchasing the aforesaid flat after obtaining no objection certificate with respect to title over the lands in question from his lawyer and because of Bank unlawful action, the petitioner has been put to extreme financial hardships, mental agony and social humiliation and to compensate the loss caused to the petitioner and to refund the entire amount of said flat to the petitioner. (E) Any other appropriate writ/writs be issued, order/orders be passed, direction/ directions be made as your Lordships may deem fit and proper in the facts and circumstances of the case”.
2. The Respondent- Allahabad Bank has filed counter affidavit in the matter taking a clear stand that action has been taken in terms of Section 14 of SARFAESI Act,2002 and petitioner has no locus to stall the proceedings of recovery of the mortgaged property(secured asset) of the borrower in favour of the Respondent Bank wherein mortgage has already been upheld by the learned D.R.T., Ranchi and has been found enforceable .
3. Learned counsel for the petitioner has filed I.A. No. 920 of 2017 raising a grievance that SARFAESI Appeal preferred by the petitioner against the e- auction notice under the SARFAESI Act, 2002 was not being registered as the entire court fee has not been deposited with the Registrar, Debt Recovery Tribunal. Learned counsel for the petitioner has also filed another interlocutory application being I.A. No. 1688 of 2017 seeking quashing of the e-auction notice dated 8.2.2017.
4. Learned counsel for the Respondent Bank submits that property has already been auction sold under the provisions of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 on 24.3.2017 in R.P. No. 123 of 2016.
5. Petitioner had made a proposal for repudiation of the outstanding loan amount due to Bank from the borrower which Respondent Bank has categorically refused to accept in view of the change of nature of ownership of the property. In this background of facts now, learned counsel for the petitioner on instruction seeks permission to withdraw this application in order to avail of any statutory remedy.
6. In that view of the matter, the writ petition is dismissed as withdrawn. It is up to the petitioner to avail of any statutory remedy if permissible in law. Pending I.A.s also stand closed. (Aparesh Kumar Singh, J.) A.Mohanty