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2025 DAILYLAW 42402 (PAT)

M/s Shakti Sudha Industries v. The Zonal Manager, Bank Of India and Ors

CWJC/6813/2017 · 2025-05-02

Smt G Anupama Chakravarthy

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6813 of 2017 ====================================================== M/s Shakti Sudha Industries ... ... Petitioner/s Versus The Zonal Manager, Bank Of India and Ors ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Arbind Kumar Jha For the Respondent/s : Mr.Sanjay Singh Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 5 02-05-2025 1. The Learned counsel for the petitioner seeks an adjournment in this matter, however, on perusal of the prayer, it is evident that the Writ petition is filed to quash the notice issued under Section 13(2) of the SARFEASI Act, 2002 issued by the 3rd respondent. 2. The Hon’ble Apex Court in CELIR LLP Vs. BAFNA MOTORS (MUMBAI) PRIVATE LIMITED AND OTHERS reported in (2024) 2 SCC 1, and in UNITED BANK OF INDIA Vs. SATYAWATI TONDON AND OTHERS reported in (2010) 8 SCC 110 time and again reiterated that Writ petitions are not maintainable under Article 226 of the Constitution of India against the Patna High Court CWJC No.6813 of 2017(5) dt.02-05-2025 2/2 provisions of SARFEASI Act and it is for the petitioner to approach the appropriate authority when an alternative remedy is available. Therefore, the Writ petition is dismissed as it is not maintainable. amitkr/- (G. Anupama Chakravarthy, J) U