M/S Sleepful Mattress v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17788 of 2023 ====================================================== M/s Sleepful Mattress represented by the proprietor Raju Pathak, aged about 48 years (M), S/o Shri Upendra Nath Pathak, R/o Flat No. B-102, situated at 1st Floor, Abhyuday Homes, S.K. Puram, P.S. Danapur, District- Patna 801503.

... ... Petitioner/s

Versus

1.

The Union of India through the Registrar Debts Recovery Tribunal A B and F Wings, 2nd Floor, Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Near Rajiv Nagar Police Station, Aashiana Digha Road, Patna 800025.

2.

The Authorized Officer, State Bank of India, Stress Assests Recovery Branch (SARB), 2nd Floor, Patna Main Branch Building, w/o Gandhi Maidan, Patna 800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Binay Kumar Singh, Advocate For the SBI :

Mr. Anant Kumar Sharan, Advocate Mr. Prabhat Kumar Sharan, Advocate Mr. Hemant Kumar Sharan, Advocate For the UoI :

Mr. Sanjay Singh Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-12-2023 Learned counsel for the petitioner has filed this writ petition for unsealing the premises of the petitioner so as to enable the petitioner to take out the articles which are lying in the premises, which is a subject matter before the Debts Recover Tribunal (Hereinafter referred to as "DRT"). Learned counsel has stated that daily use articles are lying in the premises and petitioner and his family members are going through hardship due to the sealing of the premises. 2.

Learned counsel for the respondent has stated the

Patna High Court CWJC No.17788 of 2023(2) dt.22-12-2023 2/2 authorities have already made an inventory of the articles which are lying in the premises and they are willing to handover the same to the petitioner.

3.

Having regard to the same, the respondents are directed to put the petitioner on notice to come to the premises in question on 26th of December, 2023 at 11:00 AM for taking the articles belonging to the petitioner.

4.

The bank authorities shall unseal the premises at 11:00 AM and seal the same by 1 o'clock. In case, after the unsealing of the premises the petitioner makes any attempt to retain the possession of the premises, the respondents are free to take necessary action, including filing of the police case. (A. Abhishek Reddy , J) Shahnawaz/- U T