The petitioner challenged a notice issued under Section 13(2) of the SARFAESI Act, 2002. The Court held that he had already filed his reply and directed the bank to pass a final order under Section 13(3)(A).
CIL directed to pass a final order under Section 13(3)(A) of the Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11003 of 2014
======================================================
Vinay Kumar Singh, son of late Shiv Nandan Prasad Singh, resident of Village and P.O. Pohiyar, P.S. Desari, Dist. Vaishali.
.... .... Petitioner/s Versus 1. The Central Bank of India having its head office at Chandramukhi, Nariman Point, Mumbail. 2. The Central Bank of India, Pohitar Branch, through its Branch Manager, Dist. Vaishali. 3. The Branch Manager, The Central Bank of India, Pohitar Branch, Dist. Vaishali. 4. The Competent Authority, The Central Bank of India, Pohitar Branch, Dist. Vaishali. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shravan Kumar, Sr. Adv. Mr. Dinesh Maharaj, Adv. For the Respondent/s : Mr. Ajay Kumar Sinha, Adv. Mrs Manjhu Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
2 04-07-2014 Heard learned counsel for the parties as with regard to
the following prayer made in this writ application:-
“2(i) The Notice issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and enforcement of Security Interest Act, 2002, hereinafter referred to as „Act‟ as contained in Annexure 8 be quashed. (ii) The said notice as contained in Annexure 8 be stayed during the pendency of the writ application.” Having regard to the fact that the petitioner was subjected to a notice under Section 13(2) of the Securitization and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (hereinafter to be referred to as ‘the Act’) and in
Patna High Court CWJC No.11003 of 2014 (2) dt.04-07-2014
2
reply to such notice dated 24.3.2014, the petitioner has already filed his reply on 19.6.2014, this Court would direct the competent authority of the Central Bank of India to pass a final order in terms of Section 13(3)(A) of the Act.
It goes without saying that if an order has already been passed, its copy should be made available to the petitioner.
With the aforementioned observation and direction, this application is disposed of.
(Mihir Kumar Jha, J)
Rishi/-
U
1 issue framed by the court
Whether to quash and stay a notice issued under Section 13(2) of the SARFAESI Act, 2002 pending its adjudication.
2 provisions across 1 enactments
Vinay Kumar Singh
The Central Bank of India
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
