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2025 DAILYLAW 29341 (CHH)

M/s Laxminarayan Enterprises Proprietor Rajnarayan Mishra v. Dena Bank

WPC/644/2016 · 2025-06-30

Shri Narendra Kumar Vyas

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Judgment text

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1 2025:CGHC:29303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 644 of 2016 M/s. Laxminarayan Enterprises Proprietor Rajnarayan Mishra LIG- 636 CGHB Colony Tatibandh Raipur Chhattisgarh. ... Petitioner versus DENA Bank Through Authorized Officer/ Chief Manager Tatibandh Branch, Raipur Chhattisgarh. ... Respondent For Petitioner : None. For Respondent : Mr. Vinod K. Deshmukh, Advocate. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 01/07 /2025 1. The petitioner has filed this petition under Article 226 of the Constitution of India against notice dated 19.12.2015 issued to the petitioner under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”). 2. Learned counsel for the respondent/Bank would submit that now DENA Bank has been merged with Bank of Baroda and during pendency of this petition, the proceeding under Section 13 (2) of the SARFAESI Act has already been completed by taking possession of the suit property mortgaged with the Bank, therefore, this petition has become infructuous. 3. In view of the submission made by learned counsel for the respondent/Bank, this petition is disposed of as having become infructuous. However, the petitioner is at liberty to raise all the defence before the appropriate forum available to him under the SARFAESI Act. Sd/- (Narendra Kumar Vyas) Judge Arun ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.07.02 11:59:20 +0530