Phulena Singh Vs the Central Bank of India through Its Authorised Officer and Anr.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1916 of 2014

Phulena Singh, son of late Mahadeo Singh, resident of Near Hawra Motor, Joraphatak, P.O.-Purana Bazar, P.S. Dhansar, DistrictDhanbad ... … Petitioner

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Versus

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The Central Bank of India through its Authorised Officer, Regional Office, Lalpur, Ranchi

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The Branch Manager, Central Bank of India, Dhanbad

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... … Respondents

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mr. Mahavir Pd. Sinha, Advocate For the Bank : Mrs. A.R. Choudhary, Advocate

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03/06.01.2016 Aggrieved by notice dated 13.03.2014 issued under Section 13(4) of the SARFAESI Act, 2002, the present writ petition has been filed.

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2. At the outset, Mrs. A.R. Choudhary, the learned counsel for the respondent-Central Bank of India referring to judgment in “United Bank of India Vs. Satyawati Tondon & Ors.” (2010) 8 SCC 110 submits that in view of the alternative remedy available to the petitioner under the SARFAESI Act, 2002, the present writ petition is not maintainable.

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3. The learned counsel for the petitioner submits that without declaring the loan amount as NPA under Section 13(2), the possession notice has been issued by the respondent-Bank and therefore, notice dated 13.03.2014 is patently illegal.

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4. In view of the provision under Section 17 of the SARFAESI Act, 2002, I am of the opinion that the petitioner may raise all the plea which have been raised in the present proceeding in the SARFAESI Application filed under Section 17 of the Act before the Debts Recovery Tribunal, Ranchi.

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5. Accordingly, the present writ petition is disposed of

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2

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with liberty to the petitioner to approach the Debts Recovery Tribunal, Ranchi.

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(Shree Chandrashekhar, J.)

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Manish

Phulena Singh v. the Central Bank of India through Its Authorised Officer and Anr.

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Phulena Singh v. the Central Bank of India through Its Authorised Officer and Anr.

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