VIDYAPATI COLD STORAGE PVT. LTD Vs. STATE OF BIHAR
LAWS(PAT)-2022-4-36
HIGH COURT OF PATNA
Decided on April 04,2022

Vidyapati Cold Storage Pvt. Ltd Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties. Petitioner has prayed for the following relief(s):- "1. That the present writ petition is being filed for quashing order dt. 28/1/2022 under Sec. 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act, 2002) which was passed relying on decision of Bombay High Court in Cr. W.P. No. 2767 of 2006 under Sec. 14 of the SARFAESI Act, 2002 which was not in existence on the date of the order impugned and was amended by the Enforcement of Security Interest and Recovery of Debts Law (Amdt.) Act, 2012 (Act 1 of 2013) dt. 3/1/2013 w.e.f. 15/1/2013.
(2.) The petitioner further prays for issuance of any appropriate writ/writs, order/orders and/or direction/directions for which the petitioner may be found entitled." We are entertaining the present petition in view of the fact that at this point in time, the Debt Recovery Tri-bunal is not functional on account of non-appointment of Presiding Officer. On 23rd of March, 2022, we had passed the follow-ing order:- "We are entertaining the present petition in view of the fact that at this point in time, the Debt Recov-ery Tribunal is not functional on account of non-appoint-ment of Presiding Officer. Petitioner undertakes to deposit a sum of Rs.60.00 lacs within one week and pay the entire outstanding amount of Rs.7.00 crore [seven crore] (approximately) on or before 30th of November, 2022. Such payment would also include all charges, interest accrued, amount of penalty, if any. Let an undertaking to the aforesaid effect be filed by the petitioner within a period of one week from today. In any event, the amount of Rs.60.00 lacs be de-posited with the respondent Bank within a period of one week from today. We clarify that such deposit shall be without prejudice to the respective rights and contentions of the parties and subject to the outcome of the present petition. With the petitioner depositing the aforesaid amount with the respondent Bank, no coercive action shall be taken against the petitioner.
(3.) If the petitioner does not deposit the a sum of Rs.60.00 lacs with the respondent Bank in the manner indi-cated above and within the time stipulated, and commits breach of the undertaking, the interim order shall auto-matically stand vacated. List this case on 30/3/2022." Learned counsel for the petitioner states that in compliance of the order passed by this Court dated 23rd of March, 2022, petitioner has filed an affidavit/undertaking dated 30th of March, 2022. Also, petitioner has already deposited Rs.60.00 lacs with the respondent Bank. Paragraph Nos. 2 and 3 of the affidavit dated 30th of March, 2022 reads as under:- "2. That during the course of hearing on 23/03/2022 Petitioner undertakes to deposit a sum of Rs.60.00 Lacs within one week and pay the entire outstanding amount on or before 30/11/2022, Hon'ble High Court Patna recorded the submissions of the Petitioner and direct to file affidavit for compliance of its undertaking. ;


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