Patna High Court

M/s Laxmi Kuber TradingversusThe State of Bihar

Decided: 2 July 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The court disposed of the writ petition, directing HDFC Bank to withdraw the SARFAESI proceedings and notional possession, and allowing the petitioners to approach the appropriate forum for any further grievance.

Summary

The petitioners, a trading proprietorship and its guarantor, filed a writ petition challenging SARFAESI proceedings initiated by HDFC Bank that resulted in notional possession of their property. The bank moved the court seeking to withdraw those SARFAESI proceedings and the associated notional possession. The court examined whether the grievance of the petitioners had been adequately redressed and whether the bank could unilaterally withdraw the enforcement actions. Considering the bank's submission and the absence of any further relief sought by the petitioners, the court found no merit in continuing the writ. Consequently, the writ petition was disposed of, with the court granting the petitioners liberty to approach the appropriate forum for any future grievance. The order effectively restores the status quo by withdrawing the SARFAESI actions.

Issues considered

Whether the SARFAESI proceedings initiated by HDFC Bank can be withdrawn upon the bank's application.
Whether the writ petition remains maintainable after the grievance of the petitioners is deemed redressed.

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

Subjects

SARFAESI
Writ Petition
Bank Enforcement
Notional Possession
Civil Procedure
High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Civil Writ Jurisdiction Case No.719 of 2026
                 ======================================================
           1.     M/s Laxmi Kuber Trading A proprietorship firm through its Proprietor Mr.
                  Dinesh Sah, S/o Late Krityanand Sah, Male, aged about 53 years, ADHAR
                  No. 5974 8312 9628, Resident of Hasanpur, Premnagar, Anchal Raniganj,
                  District Araria, Bihar-854334.
           2.    Mr. Dinesh Sah, S/o Late Krityanand Sah, ADHAR No. 5974 8312 9628,
                 Resident of House no. 477, Hasanpur, Premnagar, Anchal- Raniganj, near
                 Hanuman Mandir, District Araria, Bihar- 854334(Proprietor).
           3.    Mr. Anju Devi, W/o Dinesh Sah, ADHAR No. 338935603835 Resident of
                 House no.- 477, near Hanuman Mandir, Hasanpur, Premnagar, Anchal-
                 Raniganj, District - Araria, Bihar - 854334(Guarantor).

                                                                                ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The District Magistrate, Araria, District - Araria, Bihar.
           3.    The Sub-Divisional Magistrate, Araria, District - Araria, Bihar.
           4.    The Officer In-Charge, Raniganj Police Station, District Araria, Bihar.
           5.    The Branch Manager, HDFC Bank, Forbesganj, Netaji Market, Subhash
                 Chowk, Dist. - Araria - 854318.
           6.    HDFC Bank Limited through its Managing Director and Chief Executive
                 Officer, HDFC Bank House, Senapati Bapat Marg, Lower Parel(West),
                 Mumbai - 400013
           7.    HDFC Bank Limited, through its Authorized Officer, Patna Branch,
                 Exhibition Road, Patna - 800001.
           8.    HDFC Ergo General Insurance Company Limited through its Authorised
                 Officer, Registered Office/Regional Office, Patna
           9.    The Branch Manager, Punjab National Bank, Araria Branch, Town and Dist.
                 - Araria

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Anjani Kumar Mishra, Adv.
                 For HDFC               :       Mr. Rajesh Ranjan, Adv.
                 For PNB                :       Mrs. Shilpi Singh, Adv.
                 For Respondent No.8    :       Mrs. Mayuri, Adv.
                 For Respondent         :       Mr. Kamleshwar Pandey, Adv.
                 For the Respondent/s   :       Mr. Standing Counsel (5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

7   02-07-2026                 Learned counsel          appearing on behalf              of    the
          Patna High Court CWJC No.719 of 2026(7) dt.02-07-2026
                                                      2/2




                    respondent-HDFC Bank on instructions submits that the Bank is

                    going to withdraw the SARFAESI proceedings against the

                    petitioners and also the consequential actions taken by them i.e.,

                    notional possession of the subject property.

                                2. Having regard to the fact that the grievance of the

                    petitioners has been redressed, the present writ petition is

                    disposed of granting liberty to the petitioners to file an

                    appropriate application before an appropriate forum, if they

                    have any other grievance.



                                            (A. Abhishek Reddy, J)
Ayush/-

U

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