Vijay Paswan @ Vijay Kumar v. General Manager, Head Office, State Bank Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12616 of 2017 ====================================================== Vijay Paswan @ Vijay Kumar son of Lal Bihari Paswan resident of Bari Bathana, Police Station - Mansahi, District - Katihar. ... ... Petitioner/s

Versus

1.

General Manager, Head Office, State Bank Of India, Gandhi Maidan, Patna. 2.

The Regional Manager, Regional Branch Office, State Bank of India, Purnea.

3.

The Branch Manager, State Bank of India, Bazar Branch, M.G. Road, Katihar.

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah, Advocate For the Respondent/s :

Mr.Anjani Kumar Mishra, Advocate :

Mr. Ambarish Bhardwaj, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 14-05-2025

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 (2010) 8 SCC 110 time and again reiterated that

Patna High Court CWJC No.12616 of 2017(3) dt.14-05-2025 2/2 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