SHREE CHANDRASHEKHAR,J. - (1.) AGGRIEVED by notice dated 24.12.2014 under Section 13(2) of the SARFAESI Act, 2002, the present writ petition has been filed.
(2.) IT is stated that initially a notice under Section 13(2) of the SARFAESI Act was issued to the petitioner and subsequently, possession notice dated 15.04.2014 was published in the newspapers on 17.04.2014. The petitioner moved the Debts Recovery Tribunal in S.A. No.110 of 2014 raising various grounds challenging notice under Section 13(4) of the SARFAESI Act and the auction sale notice dated 14.07.2014. Subsequently, the respondentBank filed an affidavit dated 15.12.2014 stating that the entire proceeding commencing from issuance of notice under Section 13(2) of the SARFAESI Act to the auction sale, has been withdrawn. Thereafter, a notice under Section 13(2) of the Act was issued on 24.12.2014.
(3.) THE learned counsel for the petitioner submits that even though S.A. No.110 of 2014 was pending before the Debts Recovery Tribunal, Ranchi, fresh notice under Section 13(2) of the SARFAESI Act, 2002 has been issued by the respondentBank, illegally. Mr. Vivek Kumar, Sr. Manager (Law), Allahabad Bank, Zonal Office, Ranchi is present in the Court. On instruction from the Officer, Mr. Arshad Hussain, the learned counsel appearing for the respondentBank submits that an affidavit was already filed in the Debts Recovery Tribunal on 15.12.2014, categorically stating that the earlier proceeding has already been withdrawn and intimation in this regard was already given to the petitioner and therefore, the respondentBank was within its right to issue a fresh notice under Section 13(2) of the SARFAESI Act on 24.12.2014. The learned counsel submits that a notice under Section 13(4) of the Act has also been issued on 04.03.2013 and symbolic possession of the property has been taken. The possession notice has also been published in two daily newspapers on 09.03.2013.;