The Patna High Court disposed of a writ petition challenging a possession notice under the SARFAESI Act, holding that the Tribunal under Section 17 provides an adequate statutory remedy for disputes regarding dues and account calculations.
Writ application disposed with liberty to petitioner to file appeal before Debts Recovery Tribunal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14027 of 2012
====================================================== Md. Tahir Son Of Md. Ali Haider Resident Of Azimabad Colony, P.O.Mahendru, P.S.- Sultanganj, Town & District- Patna
.... .... Petitioner Versus 1. The Jammu & Kashmir Bank, a limited Banking Company incorporated under the provisions of the Jammu & Kashmir Companies Act, 1977 having its registered office at Srinagar, Jammu & Kashmir, through its Chairman 2. The Deputy Zonal Manager, J & K Bank, Zonal Office, Delhi (North) B- 205-209, Ansal Plaza Khelgaon Margh, New Delhi-110049. 3. The Authorised Officer, J & K Bank, Haroon Nagar, Phulwarisharif, Patna. 4. The Branch Manager, J & K Bank, Haroon Nagar, Phulwarisharif, Patna. .... .... Respondents
====================================================== Appearance : For the Petitioner : Mr. Rajesh Mohan For the Respondents : None
====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
2 03-08-2012 This writ application has been filed challenging the possession notice issued by the Authorised Officer of the Bank under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the SARFAESI Act’), as contained in Annexure-2.
Against any action taken by the Bank under Section 13(4) of the SARFAESI Act’, petitioner has a statutory remedy by way of appeal before the Debts Recovery Tribunal under Section 17 of the Act. It has been held by the Apex Court that the Tribunal has powers to examine questions of facts and disputes in respect
of amount of dues claimed by the Bank and decide the same.
Learned counsel for the petitioner has raised a grievance
Patna High Court CWJC No.14027 of 2012 (2) dt.03-08-2012
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that the Bank has not furnished detailed account of calculation of loan amount to the petitioner.
This also, petitioner can raise before the Tribunal and pray that statements of account may be furnished to him before any further action is taken by the Bank. Petitioner can also pray for interim relief of staying further proceeding till the matter is decided by the Tribunal.
In the circumstances, this writ application is disposed of with a liberty to the petitioner to file an appeal and make necessary prayer before the Debts Recovery Tribunal in respect
of his grievances raised in this writ application.
(Jayanandan Singh, J)
B.T/-
2 issues framed by the court
Whether the writ court can interfere with the possession notice issued under Section 13(4) of the SARFAESI Act.
Whether the petitioner can approach the Debts Recovery Tribunal regarding the calculation of the loan amount and furnace of statements of account.
Colour shows how this judgement treated each authority
Apex CourtReferred¶7
2 provisions across 1 enactments
Md. Tahir Son Of Md. Ali Haider
The Jammu & Kashmir Bank
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
