Manoj Kumar v. The Authorized Officer Central Bank Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5797 of 2014 =========================================================== Manoj Kumar Son of Sri Dhrub Sah Resident of Village - Jagdishpur, P.O. and P.S. Jagdishpur, Distt. - West Champaran .... .... Petitioner/s

Versus

1. The Authorized Officer, Central Bank of India, Bettiah

2. The Branch Manager, Central Bank of India, Lal Bazar Branch Hazarimal Dharamshala, Lal Bazar, Distt. West Champaran, Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. ALOK KUMAR CHOUDHARY, ADVOCATE Mr. MANOJ KUMAR, ADVOCATE For the Respondent/s : Mr. AJAY KUMAR SINHA, ADVOCATE =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-02-2016 Heard learned counsel for the petitioner and learned counsel for the respondent Bank.

2. The present writ petition has been filed for quashing the notice dated 30.01.2014 (Annexure-6) issued to the petitioner by the Authorized Officer, Central Bank of India, Bettiah for possession of the securities charged to the Bank under Section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the SRFAESI Act") and for connected reliefs.

3. At the very outset, learned counsel for the petitioner accepts that the impugned notice dated 30.01.2014 is amenable to

Patna High Court CWJC No.5797 of 2014 dt.01-02-2016 statutory appeal in terms of Section 17 of the SARFAESI Act.

4. Learned counsel for the Respondent Bank has no objection if the writ petition is disposed of in the light of the above.

5. In that view of the matter, the present writ petition is disposed of with liberty to the petitioner to file statutory appeal in accordance with law, if so advised.

(Vikash Jain, J) Chandran U