M/S Sandhya Gyan Bharti Through Its Proprietor Rahbar Abdin v. Chairman Cum C M D, Dena Bank And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10910 of 2017 ====================================================== M/s Sandhya Gyan Bharti Through Its Proprietor Rahbar Abdin having its registered office at Shop no-G/22, Pushpanjali Complex,Near Police Chowki,Boring Road, P.S.-Srikrishna Puri, District - Patna. ... ... Petitioner/s

Versus

1.

Chairman Cum C M D, Dena Bank having its registered office C-10,G Block, Bandra-Kurla Complex, Bandra(E), Mumbai The State of Bihar through Bihar School Examination Board (Senior Secondary), Budh Marg Patna & others 2.

Authorised Officer, Dena Bank, Patna Branch Maurya Lok Complex Dak Bunglow Road, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dudh Nath Singh, Advocate :

Mr. Kumar Shashi, Advocate :

Mr. Samrendra Kr. Jha, Advocate :

Mr. Alok Kumar Jha, Advocate For the Respondent/s :

Mr.Nishi Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 08-05-2025

1. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

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

Patna High Court CWJC No.10910 of 2017(2) dt.08-05-2025 2/2 (2010) 8 SCC 110 time and again reiterated that Writ petitions are not maintainable under Article 226 of the Constitution of India against the provisions of SARFEASI Act and it is for the petitioner to approach the appropriate forum when an alternative remedy is available and the appropriate forum shall consider the limitation aspect as the petitioner has approached this Court within the period of limitation.

3.

Accordingly, the Writ petition is dismissed as it is not maintainable.

(G. Anupama Chakravarthy, J) amitkr/- U