BIKASH KUMAR JAISWAL v. CANARA BANK THROUGH THE AUTHORIZED OFFICER, CANARA BANK, KUTCHERY BRANCH
WPC/529/2026 · 2026-02-02
Rajesh Kumar
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 552 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 552 (JHR) · dailylaw.ai ]
Judgment text
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2026:JHHC:2600 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.529 of 2026
....
1. Bikash Kumar Jaiswal, aged about 47 years, S/o Sri Jagdish Prasad Jaiswal, R/o Sinha Compound, Piska More, Ratu Road, P.O.-Hehal, P.S.-Sukhdeonagar, District-Ranchi 834005
2. M/s Maruti Construction and Developers through its Proprietor Sh. Bikash Kumar Jaiswal, aged about 47 years, S/o Sri Jagdish Prasad Jaiswal, R/o Sinha Compound, Piska More, Ratu Road, P.O.-Hehal, P.S.-Sukhdeonagar, District-Ranchi 834005
.… Petitioners
Versus
1. Canara Bank through the Authorized Officer, Canara Bank, Kutchery Branch, P.O.-GPO Ranchi, P.S.-Kotwali, District-Ranchi-834001
2. Regional Manager, Canara Bank, Koushalaya Bank Chamber, PP Compound, Main Road, P.O.-GPO Ranchi, P.S.-Hindpiri, District-Ranchi-834001
.... Respondents
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CORAM:
HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioners
: Mr. Deb Nandan Rajak, Adv. For the Respondents
: Mr. P.A.S.Pati, Adv.
....
02/02.02.2026
1. Heard the parties.
2. The present writ petition has been filed for the following relief:-
“For issuance of a writ/writs order/orders direction/directions uopn the respondent(s) to stay and set aside the sale Notice dated 26.12.2025 (Annexure-6) proceeding/ other proceeding initiated by the Respondent(s) under SARFAESI Act, 2002.”
3. The main stress of the petitioners are the auction notice which has been issued by the respondents.
4. It has been informed by the learned counsel for the respondents that the E- auction process was scheduled on 30.01.2026 but nobody has turned up and no new date has been announced. Auction has already failed.
5. Thus, there is no immediate requirement of any interim order.
6. The writ petitions are being maintained by this Court only on the
consideration that the Debt Recovery Tribunal is not functional and that for the limited purpose to grant interim relief or immediate relief to the affected person, so that the subject matter survives.
7. Since, there is no immediate threat, I am not inclined to entertain the present writ petition. Accordingly, the same is, hereby, dismissed.
8. However, if there is immediate threat, the petitioners are at liberty to approach this Court, if the Debt Recovery Tribunal remains non functional.
(Rajesh Kumar, J.)
02.02.2026 Shahid/ Uploaded on 03.02.2026