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Judgment
Gautam Kumar Choudhary, J
I.A. No.8351 of 2025
Learned counsel on behalf of petitioner points out that I.A. No.8351 of 2025 has been filed by the Respondent claiming the same to have been filed by the petitioner. On this being pointed out, learned counsel on behalf of Bank admits the fault and does not press the instant Interlocutory Application.
I.A. No.8351 of 2025 is dismissed as not pressed.
W.P. (C) No. 6849 of 2024
Instant writ petition has been filed for quashing the letter contained in Memo No.296(ii) dated 12.09.2024 along with letters issued by the Deputy Commissioner-cum-District Magistrate, Ranchi directing the Superintendent of Police, Ranchi to take action against the petitioner in pursuance to Section 14(i) and (ii) of SARFAESI Act, 2002.
It is submitted by learned counsel on behalf of petitioner that since DRT, Ranchi is not functional, therefore, the petitioner is constrained to take recourse to the writ petition as his only house is put on auction purchase and he is facing an eminent apprehension of dispossession.
In order to buttress the point, Annexure 8 series have been enclosed to show that although the party had been appearing for State, but none have appeared on behalf of the Bank and in the meantime, Deputy Commissioner has proceeded against the petitioner.
Learned counsel for respondent-Bank raises objection on the maintainability of the writ petition on two counts. Firstly, he submitted that DRT is now functional and cases are being heard on being mentioned. The second limb of argument is that the matter involves default of loan of a private Bank which will not be amenable to the writ jurisdiction of this Court, as has been held by the Hon’ble Apex Court in S. Shobha Versus Muthoot Finance Ltd., 2025 SCC OnLine SC 177.
Having heard both sides, Debt Recovery Tribunal, Ranchi is directed to hear the parties and dispose of the matter as expeditiously as possible. Both the parties are directed to appear before the Tribunal on 4th August, 2025.
Writ Petition stands disposed of. Interlocutory Application, if any, is disposed of.