Dismissed

Usha Devi v. The Central Bank Of India and Ors.

Patna HC25 Sept 2012CWJC/17847/2012

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 dismissed the application, allowing the petitioner liberty to file an objection under Section 13(3-A), specifically considering her gender.

What did the court decide?

Liberty to file an objection under Section 13(3-A) and direction to the Bank to consider such objection on merits.

Usha Devi Vs The Central Bank Of India and Ors. — Banking and Recovery | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17847 of 2012

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====================================================== Usha Devi, wife of late Laxmikant Azad, resident of Mohalla-Sarahi Kabristan Chowk, ward no.4, P.S.-Saharsa Town, District-Saharsa. .... .... Petitioner/s Versus 1. The Central Bank Of India through its Chairman/Managing Director Head Office, Mumbai. 2. The Regional Manager, Central Bank of India, Saharsa Regional Office, Koshi Chowk, Ward No.12, Saharsa. 3. The Branch Manager, Central Bank of India Purab Bazar Branch, Saharsa. 4. The Authorized Officer, Central Bank of India, Saharsa. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Adv., AOR No.105092 and Mr. Neeraj Kumar Singh, Adv. For the Respondent/s : Mr. Sharvesh Chandra Verma, Adv., AOR No.02346. ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 25-09-2012 Petitioner has filed this writ application challenging a notice dated 24.04.2012 issued to her under Section 13(2) of the SARFAESI Act.

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Admittedly, petitioner has not filed any objection to the same in terms of sub-Section (3-A) of Section 13.

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Petitioner is a lady. Loan was taken by her husband who died. Petitioner does not dispute the liability, but wants some accommodation by the Bank for repayment of the loan. This petitioner can request the Bank in her objection under the said Section 13(3-A) itself.

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Patna High Court CWJC No.17847 of 2012 (2) dt.25-09-2012

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The writ application is accordingly disposed of with liberty to the petitioner to file an objection in terms of the said Section 13(3-A). Since she is a lady, Bank is directed to consider the objection of the petitioner on merits in terms of the provisions of Section 13(3-A) without going into the question of limitation, if at all in right perspective.

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Arvind/-

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(Jayanandan Singh, J)

Usha Devi v. The Central Bank Of India and Ors.

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Usha Devi v. The Central Bank Of India and Ors.

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