IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18427 of 2015

Along with

Interlocutory Application No. 9639 of 2015

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1. Smt. Bela Sinha, widow of late Dilip Kumar Sinha, Pradip Hotel,

Belisarai, Motihari, East Champaran, Bihar.

2. Pradip Kumar Sinha, son of late Gauri Shankar Sinha, Renuyatri Niwas,

Near Police Station, SBI, Purnaiya Branch, Ghorasahan, East

Champaran, Bihar.

Both represented through Power of Attorney Holder, namely Anil Kuman

Sinha, son of late Gauri Shankar Sinha, resident of B/160, Buddha Colony,

Patna-800001.

.... .... Petitioner/s

Versus

1. The Union of India through its Secretary, Banking Division,

Government of India, New Delhi.

2. The Central Bank of India through its Branch Manager, Boring Road,

Patna.

3. The Branch Manager, Central Bank of India, Boring Road, Patna.

4. The Managing Director, Central Bank of India, Mumbai

5. The Zonal Manager, Central Bank of India, Patna Zone, Patna.

6. The Debts Recovery Tribunal, Patna through its Presiding Officer, 34,

Lal Bhawan, Bank Road, Lodhipur.

7. The Recovery Officer, Debts Recovery Tribunal, Patna 34, Lal Bhawan,

Bank Road, Lodhipur.

.... Respondent/s

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Patna High Court CWJC No.18427 of 2015 (4) dt.06-01-2016

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Appearance :

For the Petitioners : Mr. Binod Kumar Singh, Advocate

For the Union of India : Mr. Anshuman Singh, CGC

For the Central Bank of India : Mr. Ajay Kumar Sinha, Advocate

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL ORDER

4 06-01-2016 Re. Interlocutory Application No. 9639 of 2015

The present Interlocutory Application has been filed

to stay the e-auction for the property in question which is

scheduled to be held on 08.01.2016 between 12:30 p.m. and 4:30

p.m. pursuant to order dated 09.11.2015 passed by the Recovery

Officer, DRT, Patna.

After hearing the parties at some length, the Court,

with the consent of the parties and on the assurance given by

learned counsel for the petitioners, disposes off the Interlocutory

Application in the following terms:

(i) The e-auction scheduled for 08.01.2016 shall

proceed as per schedule. However, the sale shall not be

finalized/confirmed.

(ii) The petitioner shall be given time till 31st March,

2016 to come up with an offer higher to that of the successful

bidder within the said period and if the same materializes, the

Recovery Officer shall finalise the sale of the property in favour of

Patna High Court CWJC No.18427 of 2015 (4) dt.06-01-2016

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the person sponsored by the petitioners.

(iii) If the petitioner fails to bring any buyer

exceeding the highest bid, the Recovery Officer shall be at liberty

to finalize/confirm the sale of the property in question on 1st April,

2016 in accordance with law. The prospective buyer to be

brought/sponsored by the petitioners shall also have to adhere to

the terms and conditions of the e-auction.

Learned counsel for the petitioners submits that they

have no objection to and shall abide by the procedure prescribed

hereinabove.

Interlocutory Application No. 9639 of 2015 stands

disposed off.

The matter be listed on 11th

April, 2016.

The parties shall be at liberty to mention the case for

priority hearing.

Anjani/-

(Ahsanuddin Amanullah, J)

U