IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1021 of 2011 In Civil Writ Jurisdiction Case No. 342 of 2011 With Interlocutory Application No. 4663 of 2011 And Interlocutory Application No. 4664 of 2010 ====================================================== M/S Trisole India Pharmaceuticals a Proprietorship firm having its place of business at Industial Area, Hajipur, District Vaishali through its Proprietor Abu Mohammad son of late Abdur Rab, resident of Mohalla Lal Bagh, P.S. Pirbahore, Town and District Patna Petitioner.... .... Appellants Versus 1. The United Commercial Bank through its Chairman-cum-Managing Director. 2. The Assistant General Manager, United Commercial Bank, Zonal Office, Mauryalok Complex, Dak Bungalow Road, Patna. 3. The Chief Manager, United Commercial Bank, Patna Main Branch, Exhibition Road, Patna. 4. The Authorised Officer, United Commercial Bank, Patna Main Branch, Exhibition Road, Patna. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ram Shankar Das, Advocate. For the UCO Bank : Mr. Ranjeet Kumar Pandey, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 19-07-2011 Re.: I.A. No. 4663 of 2011 The delay of 77 days occurred in filing the present Letters Patent Appeal is condoned. This Appeal under Clause 10 of the Letters Patent is preferred by the debtor against the judgment and order dated 14th Patna High Court LPA No.1021 of 2011 (2) dt.19-07-2011 2 of March 2011 passed by the learned single Judge in above C.W.J.C. No. 342 of 2011. The appellant, a borrower, filed above C.W.J.C. No. 342 of 2011 to challenge the action of the respondent United Commercial Bank in taking over the possession of the secured assets under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the SARFAESI Act”). The challenge to the action of taking over possession of the secured assets has failed before the learned single Judge. Therefore, the present appeal. Learned Advocate Mr. Ram Shankar Das has appeared for the appellant. He has admitted that since the decision of the writ petition the secured assets have been disposed off by a public auction on 27th June 2011. Mr. Das has relied upon the communication dated 6th May 2011 (Annexure-3 to the Interlocutory Application No. 4664 of 2011). He has submitted that since 6th May 2011 the State of Bihar has declared the appellant’s unit as a sick Unit for five years. So long as the appellant is a sick unit the Bank has no authority to proceed against the appellant for recovery of its dues. Learned advocate Mr. Ranjeet Kumar Pandey has appeared for the respondent Bank. He has demonstrated before us Patna High Court LPA No.1021 of 2011 (2) dt.19-07-2011 3 that all the prerequisites for recovery of dues by sale of secured assets under Section 13 of the Act were scrupulously followed. He has taken us through the judgment of the learned single Judge. The learned single Judge has also held that the prerequisites have been fulfilled. It has also been observed that the appellant’s unit became sick in the year 2006 before it went into production. To us, it appears that after having lost before the learned single Judge with a view to hampering the disposal of the secured assets the appellant has obtained the above referred communication dated 6th May 2011. We see no substance in the challenge to the impugned judgment and order of the learned single Judge. The appeal is dismissed in limine. Interlocutory applications stand disposed of. B Tiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)