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High Court of Jharkhand · body

2025 DAILYLAW 8961 (JHR)

STATE BANK OF INDIA, STRESSED ASSETS MANAGEMENT BRANCH-II, v. THE STATE OF JHARKHAND, THROUGH THE SECRETARY, LABOUR AND EMPLOYMENT DEPARTMENT,

WPC/2118/2025 · 2025-08-11

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:22940 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2118 of 2025 ---- State Bank of India, Stressed Assets Management Branch-II, Jeevandeep Building, (10th Floor)1, P.O Parkstreet, P.S.Parkstreet, Middleton Street, Kolkata-700071, through its Asst. General Manager-cum-Authorized Officer, namely, Barun Kumar Dutta, aged-59 years, S/o Late Kartick Chandra Dutta, R/o-1, Middleton Street, P.O-Parkstreet, P.S-Parkstreet, District-Kolkata …. …. Petitioner -Versus- 1. The State of Jharkhand, through the Secretary. Labour and Employment Department, Government of Jharkhand, Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi 2. The Deputy Labour Commissioner-cum- Authority under the Payment of Wages Act, 1936, Kolhan Division, Jamshedpur, P.O. and P.S. Town Jamshedpur, District -East Singhbhum 3. M/S Bihar Raffia Industries Ltd., represented through Managing Director, Sri Naresh Kumar Agrawal, Reg. Office-CE-61, Sector-1, Salt Lake City, P.O Bidhan Nagar CC Block, PS Bidhan Nagar, Kolkatta-700064 4. Jamshedpur Welpack Poly Industries Pvt. Ltd.,represented through Managing Director Naresh Kumar Agrawal, Reg. Office-CE-61, Sector-1, Salt Lake City, P.O Bidhan Nagar CC Block, PS Bidhan Nagar, Kolkatta-700064 5. Mr. Mithilesh Prasad, Son of Mr. Sudo Mandal, Resident of Holding No.53, East Bagan Area, New Kasidih, P.O and P.S Sakchi, Town Jamshedpur, District-East Singhbhum 6. Mr. Bijendra Singh, son of Mr. Manager Singh, Resident of Holding No.20, Road No.3, Birsa Path, New Colony, Shiv Mandir, P.O. and P.S. Gamharia, District Seraikela-Kharsawan 7. Mr. Prem Gope, son of Mr. Pratap Gope, Resident of Gurudwara Road, Bahar Dari Mango, P.O. and P.S. Mango Town Jamshedpur, District East Singhbhum 8. Mr. Kishor Chandra Kumar, son of Sristi Dhar Kumar, Resident of Holding No.2, Front of Master General Store Ramjanam Nagar, Kadma, P.O. and P.S. Kadma, Town Jamshedpur, District East Singhbhum. …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner : Mr. P.A.S Pati, Advocate For the State : Mr. P.C. Sinha, AC to G.A-III ---- 04/Dated: 11th August, 2025 1. The present writ petition has been filed for following reliefs:- 2025:JHHC:22940 2 W.P.C No.2118 of 2025 “(a) For quashing of the Notice/Attachment order dated 04.01.2025 issued vide Memo No. 18 (Annexure-8), issued by the court of Deputy Labour Commissioner cum- Authority under the Payment of Wages Act, 1936, Kolhan Division, Jamshedpur, whereby he has issued Notice to the Respondent No. 3, to appear in-person or through his Advocate on 11.01.2025 and thereby the property of the Respondent No. 3 and 4 situated at Plot No. A-6 part and A-8 part, phase V and Plot No.A-31 Phase VI, Adityapur Area Usha More, Gamharia, District Seraikela-Kharsawan, has been attached till the date of show-cause is filed by the Respondent No. 3 and the Respondent No. 3 has further been restrained from transferring/ alienating his said property, when admittedly the said property has already been attached under section 14 of the SARFAESI Act, 2002, by the petitioner being the secured creditor and Sale Notice has already been published on 23.12.2024 under section 17 of the SARFAESI Act, 2002, fixing the date for sale through e-Auction on 22.01.2025 (b). During pendency of this writ petition the operation of order dated 04.01.2025 passed by the Respondent no. 2 be stayed and the petitioner may be allowed to proceed and complete process of the auction sale held on 22.01.2025.” 2. It has been submitted by the learned counsel for the petitioner that the objection has been raised before the Deputy Labour Commissioner-cum-Authority under the Payment of Wages Act, 1936, but his objection has not been considered due to the reason that no authority was available then. 3. During the course of arguments, a letter bearing Memo No.2732 dated 08.08.2025 issued by the Deputy Labour Commissioner, Jamshedpur has been produced before this Court by the learned counsel for the respondents, which suggests that the authority is now functional. 4. In that view of the matter, the present writ petition is hereby, disposed of directing the concerned authority to dispose of the objection raised by the petitioner as early as possible, after giving due opportunity to the affected parties without undue delay. (Rajesh Kumar, J.) Raja/- Uploaded