Patna High CourtCWJC/5446/2012dfd for non appearance

M/S Rahul Tractor Spares Throu v. Central Bank Of India And ORS

2016-05-03Mr. Justice Vikash Jain1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5446 of 2012 ====================================================== M/s Rahul Tractor Spares represented by Dilip Kumar S/o Laxmi Narayan Singh Proprietor Of M/s Rahul Tractor Spares Ram Lakhan Market, Muzaffarpur Road, Mahua, District - Vaishali .... .... Petitioner

Versus

1. Central Bank of India through the Regional Manager, Regional Office, Muzaffarpur

2. The Branch Manager, Central Bank of India, Mahua Branch, Vaishali

3. The Authorized Officer, Central Bank of India, Mahua Branch, Vaishali

4. The New India Assurance Company Ltd. branch Manager, Hajipur Branch Cinema Road, Hajipur .... .... Respondents ====================================================== Appearance :

For the Petitioner : None For Respondents 2 & 3 : Mr. Rajeev Ranjan Prasad, Advocate For Respondent No.4 : Mr. Shailendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2016 None appears on behalf of the petitioner yesterday despite repeated calls and once again the petitioner is not represented through any counsel today.

2. Learned counsel for the respondents submits that the writ petition is not maintainable in view of the remedy by way of statutory appeal available to the petitioner against the action taken under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

3. In view of non-appearance of the petitioner, the writ petition is dismissed for non-prosecution.

(Vikash Jain, J) B.T/- U