IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12341 of 2009 AVINASH TIWARI, SON OF LATE GUPTESHWAR TIWARI, PERMANENT R/O WARD NO.12/19, TIWARI TOLA, P.S. BHABHUA(T), DISTT, KAIMUR, PRESENTLY RESIDING AT DABI, LANKA, P.S. LANKA, DISTT. VARANASI(UTTAR PRADESH)----PETITIONER. Versus 1. CANARA BANK THROUGH ITS BRANCH MANAGER, BHABHUA, KEWA BRANCH, BHABHUA. 2. GENERAL MANAGER, CANARA BANK, LUV KUSH TOWER, EXHIBITION ROAD, PATNA. 3. REGIONAL MANAGER, CANARA BANK, LUV KUSH TOWER, EXHIBITION ROAD, PATNA. 4. PROPRIETOR, SABBHARBAL BROTHERS & COMPANY, CHOKA GHAT, VARANASI, AUTHORIZED DEALER OF MAHINDRA AND MAHINDRA CO. -----RESPONDENTS. ----------- 02. 05.10.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the notice dated 20.3.2009, Annexure-1 issued by Sri Gauri Shankar Singh, advocate on behalf of the Canara Bank, Kewa Branch, Bhabhua whereunder petitioner has been informed that Bolero, GLS vehicle which he purchased under a hypothecation agreement on obtaining loan from the Canara Bank, Kewa Branch has been sold by the Bank for failure of the petitioner to clear the dues. 3. Learned counsel for the petitioner states that such sale is wholly without jurisdiction as the matter is still pending before the Lok Adalat, Kaimur at Bhabhua vide Case No. 25 of 2008 and without awaiting final order in the said case, the Bank has proceeded to sell the vehicle. The seizure of the vehicle was made on 23.1.2007, petitioner has challenged the sale made pursuant to the seizure on the ground that matter is pending in the Lok Adalat and Bank ought not to have sold the vehicle during the pendency of the matter before the Lok Adalat. Had the petitioner been aggrieved by the seizure he ought to have challenged the seizure within a reasonable time and not at this belated stage after more than two and half years. The matter is pending before the Lok Adalat, petitioner should patiently wait the result of the proceeding taken before the Lok Adalat. This application is dismissed. Rajesh/ (V.N.Sinha, J.) - 2 -