Umesh Kumar Gupta v. The Branch Manager, Allahabad Bank,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 3689 of 2024 ====================================================== Umesh Kumar Gupta son of Haridwar Sah, Resident of Village - Baliyan, P.S. Natwar, District - Rohtas.

... ... Petitioner/s

Versus

1.

The Branch Manager, Allahabad Bank, Dinara Branch, Rohtas. 2.

The General Manager, Allahabad Bank, Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Vikalp Kumar, Advocate For the Respondent/s :

M/s Ajit Kr Sinha, Minu Kri, Dilkash Khan, Advocates ====================================================== CORAM: HONOURABLE MR JUSTICE A ABHISHEK REDDY ORAL ORDER 22-04-2024 Heard the parties.

2 Having regard to the judgment of the Hon'ble Supreme Court passed in the case of Kotak Mahindra Bank Limited -Versus- Girnar Corrugators Private Limited & Others, (2023) 3 Supreme Court Cases 210 wherein the Hon'ble Supreme Court has held as under:

"34. Under Section 14 of the SARFAESI Act, the District Magistrate or the Chief Metropolitan Magistrate as the case may be is required to assist the secured creditor in getting the possession of the secured assets. Under Section 14 of the SARFAESI Act, neither the District Magistrate nor the Metropolitan Magistrate would have any jurisdiction to adjudicate and/or decide the dispute even between the secured creditor and the debtor. If any person is aggrieved by the steps under Section 13 (4)/order passed under Section 14, then the aggrieved person has to approach the

Patna High Court CWJC No.3689 of 2024(2) dt.22-04-2024 2/2 Debts Recovery Tribunal by way of appeal/application under Section 17 of the SARFAESI Act."

3 This Court does not find any merit in the present writ petition. The same is dismissed.

4 However, liberty is granted to the petitioner to approach the DRT and ventilate his grievance. (A Abhishek Reddy , J) M.E.H./- U