In The High Court of Judicature At Patna

(Civil Writ Jurisdiction Case of 2021)

C.W.J.C No. of 2021

Sunil Kumar Singh ------------------------Applicant/Secured Debtor

Versus
The Punjab National Bank & Others-----Respondents/Secured Creditor

Sub: Bank Matter

Sl. No. Particulars Page No.

1. An application with affidavit 1 to….

2. Annexure-1 A photo copy of the application
dated 01.12.2014.
3.Annexure-2 A photo copy of the notice dated
05.01.2015
4.Annexure-3 A photo copy of the notice dated
17.05.2018 under section 13(2)
5.Annexure-4 Photo copies of the sale notices dated
05.09.2019 and 27.11.2019
6.Annexure-5 A photo copy of the possession notice
under section 13(4) dated 11.09.2018
7.Annexure-6 Photo copies of the application dated
10.12.2018,29.09.2018 and
20.07.2019
8. Impugned Order
9. Vakalatnama
Index

1.
 In the High Court of Judicature At Patna
(Civil Writ Jurisdiction Case of 2021)
C.W.J.C No. of 2021

In the matter of an application

Under article 226 of the

Constitution of India

And

In the matter of

Sunil Kumar Singh son of Late Bhanu Pratap Singh resident of Mohalla-

Karma Bhagwan, P.S-Aurangabad Mufassil and Distt:-Aurangabad

(Bihar).

………………………………………………Applicant/Secured Debtor

Versus

1. The Punjab National Bank through its Chief Executive Officer cum

Managing Director its Head Office at Plot No.4, sector 10, Dwarka,

New Delhi-110075.

2. The Zonal Manager, The Punjab National Bank, Patna Zone, 2 nd

Floor, Chanakya Towers, R. Block, Patna-800001.

2.
 3. The Branch Manager, Punjab National Bank, M.G. Road,

Aurangabad-824101

……………………………Respondents/Secured Creditors

To

The Hon’ble Mr Justice Sanjay Karol the Chief Justice of the High Court

of Judicature at Patna and his companion Justices of the said Hon’ble

court.

The humble petition on

behalf of the abovenamed

petitioners.

MOST RESPECTFULLY SHEWETH: -

1. That this petition is being filed for issuance of direction upon the

concerned authorities to drop proceeding initiated under section

13(4) of the SARFAESI Act’2002 vide dated 06.09.2018 and the

notice to this effect has been issued on 11.09.2018 and in spite of

application in this respect and without hearing, objection and

passing order sale notice dated 05.09.2019 and dated 27.11.2019

issued for putting the mortgaged property on auction sale though it

3.
has remained unexecuted and further for withdrawing declaration of the

account N.P.A and permitting to refunction of the account by making it

operational upon undertaking to repay the amount due in part and till the

disposal of the case any action for sale may be remain stayed and

during the pendency of the case further proceeding for proposed auction

sale may remain stayed.

2. That the petitioner runs Rajlaxmi Modern Rice Mill located in

village Karma Bhagwan, P.S + Distt :- Aurangabad.

3. That the petitioner has applied for opening cash credit account

dated 01.12.2014.

A photo copy of the application

dated 01.12.2014 is being

annexed herewith and marked

as annexure-1 to this

application.

4. That vide letter dated 05.01.2015 the concerned Banking Authority

upon considering application and following due procedure has

sanctioned C.C account as hypothecated which limit is for Rupees

Fifty lacs.

4.
 A photo copy of the notice

dated 05.01.2015 is being

annexed herewith and marked

as annexure-2 to this

application.

5. That the concerned Bank Authority has put the property

appertaining to khata no.270, plot no. 56/57 located under ward

no………. Thana no.559, Aurangabad acquired through registered

sale deed no. 6339 of 1953 by the grandfather of the applicant

namely Babu Radhakant Singh on the basis of land possession

certificate running in name of the applicant.

6. That the petitioner had been maintaining account properly by

crediting and debiting regularly but due to unavoidable

circumstances he could not maintain it continuously as in the

business he suffered adverse situation and at the time of argument

the updated account would be demonstrated that would depict that

in spite of continuity in transaction the Banking authority within a

short span of discontinuity has declared account as Non-

Performing Asset and withhold functioning of the account that has

caused …….in the business of the petitioner.

7. That the petitioner had been continuously approaching and

requesting the Bank authority to lift the order declaring the account
 5.

N.P.A so that he may operate account and repay loan amount but

nothing consideration has been done at the level of the concerned

authorities.

8. That even from the perusal of the updated account of the petitioner

that would be demonstrated at the time of hearing would reflect

that even after declaration of the account N.P.A the petitioner has

deposited amount in the account.

9. That without considering honest intent and condition of the

petitioner the concerned Bank has shown impassive attitude and

issued notice under section 13(2) of SARFAESI Act’2002 vide

dated 17.05.2018.

A photo copy of the notice

dated 17.05.2018 under section

13(2) of the Act is being

annexed herewith and marked

as annexure-3 to this

application.

10.That the petitioner has responded positively to the Bank

concerned in pursuance of the notice U/S 13(2) of the Act as

mentioned above though the petition is missing but no concrete

step has been taken though the petitioner has prayed to

accommodate

6.

him by affording some time, enabling him to repay the loan amount

by continuing debit but no consideration has been given.

11. That without considering the claim/request of the petitioner and

passing order the Bank Authority has issued sale notices dated

05.09.2019 and 27.11.2019 though it has remained

unexecuted/unimplemented.

Photo copies of the sale notices

dated 05.09.2019 and

27.11.2019 are being annexed

herewith and marked as

annexure-4 to this application.

12.That due to pandemic and loss in business the petitioner could

not maintain the account but it was within the short span of time

the authority concerned has taken hard step by issuing notices, by

issuing possession notices and sale notices thereafter though the

account exceeded only fifty one lac and odd in the limit of fifty lac
limit and only exceeding one lac and odd the stern step has been

taken thus.

7.

13.That in spite of Bonafide attempt with honest intent at the

petitioner’s level the authority concerned has issued notice under

section 13(4) of the SARFAESI Act’2002 dated 11.09.18.

A photo copy of the possession

notice under section 13(4)

dated 11.09.2018 is being

annexed herewith and marked

as annexure-5 to this

application.

14. That the petitioner has filed several applications dated

10.12.2018, 29.09.2018 and 20.07.2019 requesting therein to

afford opportunity and time so that the petitioner may be able to

repay the loan amount by maintaining the act is more excessive

nature.

Photo copies of the application

dated 10.12.2018, 29.09.2018

and 20.07.2019 are being

 annexed herewith and marked

as annexure-6 to this

application.

15. That it is humbly and respectfully submitted that the petitioner

is ready to deposit and maintain the account that is also reflected

in

8.

the applications of the petitioner through which he shown attitude

of repaying and maintaining account and under such

circumstances it is humbly submitted that the Banking Authority

may be directed to drop proceeding of auction sale and withdraw

possession of the property and the petitioner hereby undertakes to

repay loan amount in part on liberalized way as the government

has issued guidelines during pandemic to take liberal approach.

16. That no such application has earlier been preferred either or on

behalf of the petitioner seeking similar relief before this Hon’ble

court.

It is therefore prayed that your

Honor may be pleased to admit

this application and after

hearing the parties further be

 pleased to grant relief as

prayed in paragraph no. (1) of

the petition

And

During pendency of the petition

the proceeding of auction and

9.

possession under SARFAESI

Act’2002

And/or

Pass such other order(s) as

your Lordships may deem fit

and proper in the interest of

justice.

And for this the petitioner shall ever pray.

 10.

AFFIDAVIT

I, ……………………. aged about…………. years son of Sri

……………….. resident of village- …………………………………… do
hereby solemnly affirm and state as follows: -

1. That I am petitioner in this case and as such as well-acquainted

with the facts and circumstances of this case.
2. That the contents of this petition have been read over and
explained to me in Hindi which I have fully under stood the
statements made in paragraph no……. are true to my information
derived from the record and have belief to be true and rest are by
way of submission before this Hon’ble court.
3. That the Annexures are true/photocopies of its originals.