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2026 DAILYLAW 19981 (JHR)

M/S S.M. POULTRY, PARTNERSHIP CONCERN, THRO ITS PARTNER MR. SHAMBHU KUMAR v. AUTHORIZED OFFICER, BANK OF INDIA, ASSET RECOVERY BRANCH

WPC/3100/2026 · 2026-07-08

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:20047 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(C) No.3100 of 2026 ----- 1. M/s S.M. Poultry, a partnership Concern, through its partner, Mr. Shambhu Kumar, son of BhuneshwarMahto, village Morangui, PO and PS Morangi, District Hazaribagh, Jharkhand 2.Mina Devi, w/oShambhu Kumar,village Morangui, PO and PS Morangi, District Hazaribagh, Jharkhand … Petitioner(s). Versus Authorised Officer, Bank of India, Asset Recovery Branch, Goods Books Building, 1st Floor, near Roshpa Tower, PO and PS Main Road, District Ranchi. … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Alok Kr. Verma, Advocate For the Bank of India : Mr. ArpitKhandelwal, Advocate …...... 08 /08.07.2026: Heard the learned counsel representing the petitioners and the learned counsel representing the respondents. 2. The petitioners have challenged the E-auction sale notice dated 23.03.2026 (Annexure-3) by which possession of the property is contemplated to be taken by the Bank as the property is secured assets. They have also challenged the auction sale. 3. The relief of the petitioners can be addressed by the Debt Recovery Tribunal in terms of Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act). 4. At this stage, it has been submitted that the Debts Recovery Tribunal is hearing only urgent matters. 5. Taking possession of the secured asset and thereafter auctioning it is also an urgent matter. If the petitioners approaches the Debts Recovery Tribunal by invoking section 17 of the SARFAESI Act showing urgency it is expected that this matter will be taken up on urgent basis. 2026:JHHC:20047 2 6. In the meantime, if auction has been effected, they may also challenge the same before the Debts Recovery Tribunal. 7. Accordingly, this writ petition is disposed of. (ANANDA SEN, J.) 08.07.2026 Tanuj/CP-2 Uploaded on 13.07.2026