High Court allowed interlocutory application condoning 21-day delay in filing Letters Patent Appeal. On the merits, Court dismissed appeal, holding alternative statutory remedy under SARFAESI Act precludes writ jurisdiction against Section 13(4) action.
Leave to condone delay of 21 days granted; Letters Patent Appeal dismissed.
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
Letters Patent Appeal No.1156 of 2015 Arising out of
Civil Writ Jurisdiction Case No. 33 of 2015 Along with
Interlocutory Application No.4857 of 2015
=========================================================== Sohan Prasad, Son of Jay Ram Prasad, Resident of Mohalla - Kathaltola, P.O. Sohsarai Bihar Sharif, P.S. Sohsarai, District – Nalanda.
.... .... Petitioner-Appellant/s
Versus
.... .... Respondents- Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. Bijay Kumar Pandey, Advocate For the Respondent/s : Mr. Binod Bihari Sinha, Advocate Mr. Ajay Dutt Mishra, Advocate
===========================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
And
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)
Date: 21-10-2016
Re.: Interlocutory Application No.4857 of 2015
The application is for condonation of delay of 21 days in filing of the present Letters Patent Appeal.
For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, we condone the delay in filing of the present Letters Patent Appeal.
Patna High Court LPA No.1156 of 2015 dt.21-10-2016
2/2
Interlocutory Application stands allowed accordingly.
Re.: Letters Patent Appeal No.1156 of 2015
The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 19th January, 2015 whereby the appellant was given liberty to approach the Debts Recovery Tribunal against an action taken under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
We do not find any error in the order passed by the learned Single Bench as the Statute provides effective alternative statutory remedy.
In view of the effective alternative statutory remedy available to the appellant, we do not find any cause to interfere in the writ jurisdiction of this Court.
Consequently, the Letters Patent Appeal is dismissed.
(Hemant Gupta, J.)
(Ahsanuddin Amanullah, J.)
Sunil/-
| AFR/NAFR | N. A. F. R. |
|---|---|
| CAVDATE | N.A. |
| Uploading Date | 24.10.2016 |
| Transmission Date |
3 issues framed by the court
Whether condonation of delay in filing the Letters Patent Appeal was justified given a 21-day lapse.
Whether the challenge to the order under Section 13(4) of SARFAESI Act, 2002 could be directly entertained in writ jurisdiction.
Whether an effective alternative statutory remedy existed precluding interference by this Court.
1 provisions across 1 enactments
Sohan Prasad
The United Bank of India
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
