Bimla Kumari Bimla Devi v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2492 of 2023 ====================================================== 1.
Bimla Kumari Bimla Devi Wife of Arun Kumar, Resident of VillageChechaul, P.S.-Naubatpur, District-Patna. 2.
M/s Kumar Intt Udyog through its proprietor namely Arun Kumar (male) aged about 60 years, son of Late Tribhuwan Singh, Resident of VillageChechaul, P.S.-Naubatpur, District-Patna. ... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Finance Department, New Delhi. 2.
The General Manager, Bank of Baroda, 7th Floor, Baroda Bhawan, R.C. Dutt Road, Vadodara-390007.
3.
The General Manager Zonal Office, Bank of Baroda, 5th Floor, Anand Vihar Building, Boring Canal Road, Patna.
4.
The Authorized Officer-cum-Chief Manager, Regional Stressed Assets Recovery Branch (ROSARB), Bank of Baroda, Patliputra Branch, 1st Floor, Saryug Complex, Nehru Nagar, Patliputra, Patna. 5.
The Branch Manager, Patliputra Branch, Bank of Baroda, 1st Floor, Saryug Complex, Nehru Nagar, Patliputra, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Anuj Kumar, Advocate For the U.O.I.
:
Dr. K.N. Singh, Advocate For Respondent nos. 2-5 :
Mr. Sanjay Singh Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 17-03-2023 Learned counsel for the petitioners prays to withdraw the present petition with liberty to approach the bank for settlement.
In the opinion of this Court, the present writ petition does not lie with regard to SARFAESI proceeding initiated by the Bank. The same is wholly not maintainable. The petitioners always have a remedy to approach the appropriate forum
Patna High Court CWJC No.2492 of 2023(2) dt.17-03-2023 2/2 namely D.R.T. for the purpose of any relief, which they want. As such, the present writ petition is dismissed as not maintainable.
(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 1 U