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2026 DAILYLAW 2284 (JHR)

M/S MARTINOS HOSPITALITY PRIVATE LIMITED REPRESENTED THROUGH ITS DIRECTOR MAHESH MAHTO v. THE MANAGING DIRECTOR AND CEO, CANARA BANK

WPC/1110/2026 · 2026-02-18

Rajesh Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:4701 IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No.1110 of 2026 ---- M/s Martinos Hospitality Private Limited having its registered office at Argora Chowk, Harmu Bye Pass Road, Ranchi represented through its Director Mahesh Mahto aged about 38 yrs. son of Fagu Mahto Resident of Purbi Tarup Katmakuli, P.O. & P.S. Ratu, District Ranchi. …. …. Petitioner(s) Versus 1. The Managing Director & CEO, Canara Bank, Head Office at 112, J.C. Road, P.O.-G.P.O. & P.S.-Nagarathpet, Dist.-Bangaluru, Bengaluru- 560002, Karnataka. 2. The Regional Manager, Canara Bank, Regional Office at P.P. Compound, P.O., G.P.O., P.S. – Kotwali & District – Ranchi, 834001. 3. Kali Mahto son of Late Bucha Mahto, resident of Gandhi Chowk, Pundag, P.O. - Pundag, P.S. - Jagannathpur, District - Ranchi. 4. Mahavir Ram Mahto son of Kali Mahto, resident of Gandhi Chowk, Pundag, P.O. - Pundag, P.S. - Jagannathpur, District - Ranchi. …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Dr. Gyanendra Kumar, Adv. Mr. Rajiv Nandan Prasad, Adv. Mr. Sushant Kr. Sinha, Adv. For the Respondent(s) : Mr. P.A.S. Pati, Adv. Mr. Vaishnavi Kaushik, Adv. ---- 02/Dated: 18th February, 2026 1. The present writ petition has been filed for following reliefs:- “a) For quashing the E-Auction Sale of the mortgaged property conducted pursuant to the E-Auction Sale Notice dated 03.02.2025 (Annexure-2), which was issued and acted upon without furnishing proper and adequate information to the petitioner, and without adhering to the mandatory statutory provisions as well as the principles of natural justice, thereby rendering the entire process illegal, arbitrary, and unsustainable in law. b) For quashing the purported sale conducted on 12.03.2025, which stands vitiated by manifest irregularities, malafide intent, and evident collusion between the officials of the respondent Bank and the auction purchaser and other third-party, in gross 2026:JHHC:4701 Page | 2 W.P. (C) No.1110 of 2026 violation of the provisions of the Security Interest (Enforcement) Rules, 2002, and the procedure prescribed thereunder, the same having been adopted with an ulterior motive to confer undue advantage upon the auction purchaser, thereby going to the very root of the auction proceedings. c) For commanding the respondent bank showing cause as to why the value of the mortgaged property was quoted less than its market value and why was such e-auction sale was completed on 12.03.2025 without making fresh valuation of the mortgaged property and sold it on lesser value then why the remaining outstanding balance amount charged along with penal interest and capitalized the same in violation of the judgment passed by the Hon'ble Supreme Court in Ravindra's Case and for realisation of the same has filed O.A. No. 53/2025 before the Debt Recovery Tribunal, Ranchi (Filed on 20.01.2025).” 2. After some arguments, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to avail the remedy available before the Debt Recovery Tribunal. 3. Permission is accorded. 4. Accordingly, the present writ petition is hereby disposed of as withdrawn with aforesaid liberty. (Rajesh Kumar, J.) Dated: 18th February, 2026 Amar/- Uploaded on 20.02.2026