Dismissed

Anju Rani v. The State Of Bihar and Ors.

Patna HC12 Aug 2016CWJC/14532/2012

Case brief

AI extract

What is this about?

The Court dismissed the writ petition filed to set aside a notice issued by the Bank under the SARFAESI Act, noting that the petitioner failed to avail the statutory remedy of filing a representation under Section 13(3A) of the said Act. The petitioner did not appear in person.

What did the court decide?

The writ petition is dismissed as the petitioner failed to avail the statutory remedy under Section 13(3A) of the SARFAESI Act.

Anju Rani Vs The State Of Bihar and Ors. — Banking and Recovery | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.14532 of 2012

¶3

=========================================================== Anju Rani W/O Sri Raj Kumar Thakur Present Address Resident of Main Road Pankaj Cinema Chawk, Koiriya Tola, P.S.- Raxaul, District- East Champaran, Permanent Address R/O- Pantoka, P.O.- Singhpur Haraiya, District- East Champaran

¶4

.... .... Petitioner Versus

¶5

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna 2. The Collector, East Champaran 3. The Certificate Officer, Motihari, East Champaran 4. The Manager, Canara Bank, Raxaul

¶6

.... .... Respondents =========================================================== Appearance: For the Petitioner : NONE For the State : MR. MARUTH NATH ROY,AC TO SC4 For the Resp. Bank : MR. RAJAN GHOSHRAVE, ADVOCATE =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-08-2016

¶7

The present writ petition has been filed for setting aside the notice dated 13.02.2012 issued by the respondent no. 4 as contained in Annexure 4 and 4/1 under Section 3(2) of the Securitization and Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”).

¶8

None appears on behalf of the petitioner despite repeated calls today. Learned counsel for the respondent Bank appears and has been heard.

¶9

At the very outset, this Court takes note that the petitioner had adequate remedy under Section 13(3A) of the SARFAESI Act by

¶10

Patna High Court CWJC No.14532 of 2012 dt.12-08-2016

¶11

¶12

filing a representation raising objection against the impugned action of the respondent Bank which does not appear to have been availed of by the petitioner before rushing to this Court with the present writ petition.

¶13

In the above view of the matter, this Court is not inclined to grant any relief to the petitioner and the writ petition stands dismissed.

¶14

(Vikash Jain, J)

¶15

Chandran/Ibrar

¶16

AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	16.08.2016
Transmission Date	N.A.

Anju Rani v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Anju Rani v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mukesh Kumar Sinha Vs The Chief General Manager, State Bank Of India and Anr.

Aman Tiwari and Anr. Vs The State Of Bihar

Ibrahim Miyan and Ors. Vs The State Of Bihar

Dhirendra Pd. Vs The State Of Bihar and Ors.

Mohfijur Rahman @ Guddu Vs The State Of Bihar and Ors.

M/s Indra Prabha Enterprises and Anr. Vs M/s Indian Oil Corporation Ltd. and Ors.