Smt. Shila Singh @ Sheela Singh v. The Authorised Officer, State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16389 of 2016 ====================================================== Smt. Shila Singh @ Sheela Singh, daughter of Suresh Prasad, resident of Kandi Nawada, P.O. Bitho Shari, P.S. Chandauti, District Gaya .... .... Petitioner/s

Versus

The Authorised Officer, State Bank of India, Military Cantonment, Gaya, ASC Centre North, Paharpur Gaya.

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Bank : Mr. Satya Prakash Tripathy, Mr. Satya Vrat ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and learned counsel for the Bank.

Petitioner has taken housing loan of Rs. 12,50,000/- and interest of Rs. 19,456/- has been added. The Bank has issued notice under section 13(2) of the SARFAESI Act upon the petitioner.

Learned counsel for the petitioner submits that petitioner has filed show-cause which is pending for consideration.

If the petitioner has filed show-cause, the Bank is obliged to consider her objection and pass a final order and if final order is passed against the petitioner he will be at liberty to exercise the forum of appeal under the SARFAESI ACT.

Patna High Court CWJC No.16389 of 2016 (2) dt.18-01-2017 If such an appeal is filed the authority will be obliged to hear the petitioner and pass a final order in accordance with law. With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U