2025:JHHC:10814 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.729 of 2025 ----- Shashi Bhushan Singh, (Director/Guarantor/Mortgager of M/s Sandhya Sourav Construction Private Limited), S/o of Shiv Shankar Singh, R/o Shanti Tower Main Road, Hinoo, Near Hotel Crown Plaza, Shukla Colony Road, P.O.-Hinoo, P.S.-Doranda, District-Ranchi. .......... Petitioner. -Versus- 1. The State of Jharkhand. 2. Zonal Manager, Indian Bank, SPG Mart, Bahu Bazar, Lalpur, Ranchi. 3. The Circle Head, Indian Bank, SPG Mart, Bahu Bazar, Lalpur, Ranchi. 4. The Assistant General Manager, Indian Bank, SPG Mart, Bahu Bazar, Lalpur, Ranchi. 5. The Chief Manager/Authorized Officer, Indian Bank, SPG Mart, Bahu Bazar, Lalpur, Ranchi. 6. The Branch Manager, Indian Bank, Sainik Market, Main Road, Daily Market, Ranchi. 7. The Secretary, Rural Development Department, Government of Bihar, Main Secretriate, Patna, Bihar. 8. The Executive Engineer, Rural Development Department, Work Division, Udakishunganj, Madhepura, Bihar. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Raj Nandan Chatterjee, Advocate For the State : Ms. Shalini Shahdeo, AC to SC (L&C)-I For the Bank : Mr. Parth. S.A. Swaroop Pati, Advocate ----- Order No.04 Date: 08.04.2025 1. The present writ petition has been filed for quashing the sale notice dated 21st November, 2024 (Annexure-10 to the writ petition) issued under the signature of Authorized Officer/Chief Manager, Indian Bank, Ranchi under Rule 8(6) of the Security Interest (Enforcement Rules), 2022 framed under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2022, whereby the mortgage property has been proposed to be sold through public auction adopting E-auction mode 2025:JHHC:10814 2 despite the pendency of S.A. No.59 of 2024 before the Debts Recovery Tribunal, Ranchi filed by the petitioner invoking Section 17 of the SARFAESI Act, 2002. Further prayer has been made for quashing the entire auction proceeding initiated by the respondent-Bank (Annexure-10 to the writ petition) under the provisions of SARFAESI Act, 2002. The petitioner has also prayed for issuance of direction upon the respondent-Bank not to proceed with the E-auction pursuant to sale notice dated 21st November, 2024 till pendency of S.A. No.59 of 2024 before the Debts Recovery Tribunal, Ranchi as the petitioner is trying his level best to repay the outstanding loan to the respondent-Bank. 2. Heard learned counsel for the parties and perused the content of the writ petition. 3. On perusal of the order dated 17th August, 2024 passed by the Debts Recovery Tribunal, Ranchi in S.A. No.59 of 2024, it appears that while directing the respondent-Bank to file counter affidavit, it has been observed, inter-alia, that if the auction sale takes place, the same will be subject to the final outcome of the said SARFAESI application. 4. Learned counsel for the petitioner, on instruction, submits that during the pendency of the writ petition, the property in question has already been auction sold. Under the said circumstance, S.A. No.59 of 2024 preferred by him before 2025:JHHC:10814 3 the Debts Recovery Tribunal, Ranchi may become infructuous if the respondent-Bank is not restrained from transferring the property in question to E-auction purchaser. 5. Since it has already been observed in the order dated 17th August, 2024 passed by Debts Recovery Tribunal, Ranchi in S.A. No.59 of 2024 that the auction sale will be subject to the final outcome of the said SARFAESI case, this Court does not intend to pass any further order in this regard. 6. However, under the change circumstance, the petitioner is at liberty to prefer another application before the Debts Recovery Tribunal, Ranchi in S.A. No.59 of 2024 seeking further relief in the matter. 7. The writ petition is, accordingly, disposed of with the aforesaid liberty. (Rajesh Shankar, J.) Vikas/