Dismissed

M/S. Baldeo Metals Private Limited v. Branch Manager, State Bank of India and Another

Allahabad HC5 Nov 2019WRIC/35268/2019

Case brief

AI extract

What is this about?

The High Court examined whether it had territorial jurisdiction to entertain a writ petition under Section 13(2) of the SARFAESI Act, 2002. The Court held that no cause of action arose within Uttar Pradesh as the bank branch and order were in Delhi, and the location of secured properties outside Delhi did not establish jurisdiction.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to file before the proper court of jurisdiction.

M/S. Baldeo Metals Private Limited Vs Branch Manager… — Banking and Recovery | Allahabad HC (2019)

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Court No. - 29

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Case :- WRIT - C No. - 35268 of 2019

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Petitioner :- M/S. Baldeo Metals Private Limited Respondent :- Branch Manager, State Bank Of India And Another Counsel for Petitioner :- Dharmendra Singh,Rohan Gupta Counsel for Respondent :- Satish Chaturvedi

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Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Rohan Gupta, learned counsel for the petitioner and Sri Satish Chaturvedi, learned counsel who has accepted notice on behalf of the State Bank of India.

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The petitioner by means of this writ petition has challenged the order dated 30.8.2019 passed by the Authorized Officer/Assistant General Manager, State Bank of India, Shahadara, New Delhi in pursuance to the notice under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 dated 14.5.2019.

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Sri Chaturvedi has raised a preliminary objection regarding maintainability of the petition and the jurisdiction of this Court to entertain this petition as no cause or part of the cause of action for filing this petition had arisen within the State of U.P.

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A perusal of the writ petition would reveal that the petitioner is a resident of Delhi and that all the respondents are also the resident of New Delhi. Notice under Section 13 (2) of the Act was also issued by the Branch of the Bank situate in Shahadara, New Delhi and the order impugned has also been passed by the office situate in Sahadara, New Delhi.

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In view of the aforesaid facts and circumstances, we do not prima-facie find that any cause or part of cause of action had arisen within the territorial jurisdiction of State of U.P.

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The submission that the properties against which the Bank proposing to proceed are situate in Ghaziabad and Mathura. Therefore, part of the cause of action is within the jurisdiction of this Court.

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The aforesaid submission is completely misconceived as so far the Bank had not proceeded against any property. The location of the properties against which the Bank proposes to move is of no avail. Moreover, the location of the property would not give rise to any part of cause of action.

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In view of the aforesaid facts and circumstances, we are of the prima-facie opinion that this Court has no jurisdiction.

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At this stage, Sri Rohan Gupta, learned counsel for the petitioner submits that he may be permitted to withdraw the writ petition with liberty to file before the proper court of jurisdiction.

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In view of the above, writ petition is dismissed as withdrawn with liberty aforesaid.

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Order Date :- 5.11.2019 SKS

M/S. Baldeo Metals Private Limited v. Branch Manager, State Bank of India and Another

Case brief

What is this about?

What did the court decide?

M/S. Baldeo Metals Private Limited v. Branch Manager, State Bank of India and Another

Case brief

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