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2026 DAILYLAW 28880 (PAT)

Rakesh Kumar v. Union Bank of India

CWJC/586/2026 · 2026-08-13

Girijish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.586 of 2026 ====================================================== Rakesh Kumar, Son of Ram Badan Singh, Resident of Village- Sakarwer Tola, Ward No. 16, Police Station- Mokama, District- Patna, Presently residing at House No. 2m/99, Bahadurpur Housing Colony, Police Station- Kankarbagh, District- Patna. ... ... Petitioner/s Versus 1. Union Bank of India through its Managing Director-cum-Chief Executive Officer, Central Office, union Bank Bhawan, 239, Vidhan Bhawan Marg, Nariman Point, Mumbai- 400021. 2. The Managing Director-cum-Chief Executive Officer, Union Bank of India, Central Office, Union Bank Bhawan, 239, Vidhan Bhawan Marg, Nariman Point, Mumbai- 400021. 3. The Branch Manager -cum- Authorized Officer, Union Bank of India, Patna Main Branch, Abhay Bhawan, Frazer Road, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Respondent/s : Mr. Prashant Kumar, Advocate Mr. Nishant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 5 13-08-2026 Heard learned counsel appearing on behalf of the petitioner as well as learned counsel appearing on behalf of the respondent Bank. 2. With the consent of the parties, this writ application is being disposed of at the stage of admission itself. 3. This writ application has been filed for the following relief(s):- “(i) For setting aside the demand notice dated 08.04.2025 issued under section 13(2) of the SARFAESI Act by Branch Manager -cum- Authorized Officer, Union Bank of Patna High Court CWJC No.586 of 2026(5) dt.13-08-2026 2/3 India, Patna Main Branch, Abhay Bhawan, Frazer Road, Patna whereby the petitioner has been called upon to pay a sum of Rs. 16,46,257/- as on 31.03.2025 together with further interest and charges at the contractual rate as per the terms and conditions of the loan executed by the petitioner and discharge his liabilities in full within 60 days from the receipt of the demand notice, failing which the respondent bank shall be constrained to enforce the securities by exercising or all of the rights given under the said Act which notice is illegal, unsustainable and erroneous in the eye of law. (ii) To stay the operation of the demand notice dated 08.04.2025 issued under section 13(2) of the SARFAESI Act by Branch Manager -cum- Authorized Officer, Union Bank of India, Patna Main Branch, Abhay Bhawan, Frazer Road, Patna. (iii) To direct the respondent to supply the statement of the loan account to the petitioner. (iv) For any other relief / reliefs to which the petitioner is found entitled in the facts and circumstances of the case.” 4. Learned counsel appearing on behalf of the respondent Bank states that he has filed a counter affidavit and in Paragraph 9 of the counter affidavit it is stated that the respondent Bank has withdrawn the impugned demand notice dated 08.04.2025 vide letter dated 03.11.2025 (Annexure-R/1). 5. Since the impugned demand notice dated Patna High Court CWJC No.586 of 2026(5) dt.13-08-2026 3/3 08.04.2025 has already been withdrawn, no cause of action survives now. 6. Accordingly, this writ application is dismissed as having become infructuous. P.K.P./- (Girijish Kumar, J) U