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Patna High CourtCWJC/1949/2019disposed

Dilip Kumar Jha v. The Uco Bank Through The Authorized Officer And ANR

2019-02-25Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1949 of 2019 ====================================================== Dilip Kumar Jha ... ... Petitioner

Versus

The UCO bank through the authorized officer and anr ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ranjeet Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-03-2019 This matter has been placed under the heading 'To Be Mentioned' at the instance of learned counsel representing the petitioner, who informed this Court that while relegating the petitioner to an alternative statutory remedy vide order dated 25.02.2019, this Court has not given any observation as regards the question of limitation which may be raised against the petitioner in the statutory appeal.

Learned counsel for the State is also present. In view of the aforesaid submissions and keeping in view that in similar matters this Court has been giving such observations, the order dated 25.02.2019 is modified to the extent that in case the petitioner approaches any statutory forum by way of an application under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and a question of

Patna High Court CWJC No.1949 of 2019(3) dt.06-03-2019 2/2 limitation arises, the same shall be considered by the forum in accordance with law keeping in view the period spent by the petitioner in filing of the writ application and pendency thereof before this Court. Rest of the order shall remain intact. It is pointed out that in 4th line of 2nd paragraph 'Section 31(1)(1)' be corrected as '31(I)'. Let it be read so. (Rajeev Ranjan Prasad, J) avin/-vedU