Disposed

Sanjay Kumar v. The State Of Bihar and Ors.

Patna HC14 Sept 2012CWJC/17322/2012

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition challenging a notice under Section 13(2) of the SARFAESI Act. The court directed the Bank to condone the filing delay and consider the petitioner's reply filed under Section 13(3-A) on merits.

What did the court decide?

Writ application disposed with liberty to file a reply under Section 13(3-A); Bank directed to ignore delay and consider reply on merits.

Sanjay Kumar Vs The State Of Bihar and Ors. — Banking and Recovery | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.17322 of 2012

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====================================================== Sanjay Kumar, son of Shri Jaldhar Mahto, resident of Village/MohallaWard no.3 of village-Jorgaman, P.O.-Jorgaman, P.S.-Murliganj, DistrictMadhepura. .... .... Petitioner/s Versus 1. The State Of Bihar.

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The Disaster Management Group, Madhepura represented through the District Magistrate, Madhepura.

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The District Magistrate, Madhepura.

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The Circle Officer, Murliganj, Madhepura.

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The State Bank of India, represented through its Chief General Manager-cum-Authorized Officer, SARFASI, State Bank of India, Madhepura.

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The Branch Manager, State Bank of India, Murliganj Branch, Madhepura.

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The Branch Manager, Oriental Insurance Company Limited, Patna, Sone Bhawan, Beer Chand Patel Path, Patna-800001.

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Mr.Sanjay Sharan, son of not known to the petitioner, Surveyor loss assessor of Oriental Insurance Company Ltd., resident of 145, Mangaldeep Apartment, Gosaitala, Patliputra Colony, Patna-800013. .... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shri Prakash Srivastava, Adv.-1503 and Mr.Rajeev Ranjan, Adv.-1502. For the Respondent/s : Mr. Kaushlendra Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 14-09-2012 Petitioner has filed this writ application against a notice issued to him under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act.

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Under Section 13(3-A) of the Act, petitioner has an opportunity to file an exhaustive reply of notice taking his stand in the matter.

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Patna High Court CWJC No.17322 of 2012 (2) dt.14-09-2012

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2 / 2

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The writ application is accordingly disposed of with liberty to the petitioner to file a reply to the said notice under the said provision.

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Since the writ application remained pending in the office of the High Court for some time in the process of being made ready for listing, the Bank is directed to ignore the delay and consider the reply of the petitioner on merits.

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Arvind/-

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(Jayanandan Singh, J)

Sanjay Kumar v. The State Of Bihar and Ors.

Case brief

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Sanjay Kumar v. The State Of Bihar and Ors.

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