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High Court of Jharkhand · body

2025 DAILYLAW 8160 (JHR)

M/S SHRI NIWAS AUTOMOBILES, THROUGH ITS PROPRIETOR ASHWINI SHARMA v. STATE BANK OF INDIA, SMEC, THROUGH ITS CHIEF MANAGER

WPC/3024/2025 · 2025-07-29

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3024 of 2025 1. M/s Shri Niwas Automobiles, through its proprietor, Ashwini Sharma, Ranchi 2. Ashwini Sharma ….. Petitioners Versus 1. State Bank of India, SMEC, Ranchi Branch, Ranchi, through its Chief Manager 2. The Authorized Officer, State Bank of India, Stressed Assets Recovery Branch (SARB), Ranchi Branch, Ranchi 3. Tarun Kumar ….. Respondents ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners: Mr. Deepak Kr. Sinha For Respondent Nos.1-2: Mr. P. A. S. Pati ----- 02/29.07.2025 The present writ petition has been filed challenging the order dated 09.01.2025 (Annexre-16 to the writ petition) passed by the Presiding Officer, Debts Recovery Tribunal, Ranchi in S.A. No. 01/2024 whereby the said Tribunal has illegally dismissed the aforesaid case on the ground of non-joinder of the necessary parties without providing any opportunity to the petitioner to implead them. The petitioner has also made other related prayers. 2. Having heard learned counsel for the parties and considering that the petitioner has got alternative/efficacious/statutory remedy of preferring an appeal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal, Allahabad against the impugned order dated 09.01.2025 passed by the Presiding Officer, Debts Recovery Tribunal, Ranchi in S.A. No. 01/2024, I am not inclined to entertain the said writ petition at this stage. The petitioner is however at liberty to take the aforesaid alternative/efficacious/statutory recourse. 3. The present writ petition is accordingly dismissed as not maintainable with the aforesaid liberty. Satish/- (RAJESH SHANKAR, J)