M/S Himani Refrigation And Compa v. Uco Bank And ORS

Patna High Court CWJC No.11956 of 2011 (17) dt.04-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11956 of 2011 ======================================================

1. M/S Himani Refrigation & Company A Partnership Film Through Its One Of The Partner Assim Kumar Son Of Sri Jaganand Prasad Resident Of Place Opp. Andra Bank Exhibition Road Patna , P.O- G.P.O, P.S- Gandhi Maidan District-Patna .... .... Petitioner/s

Versus

1. Uco Bank Uco Bank A Body Corporate Under The Banking Companies Acquistion And Transfer Of Undertaking Act 1970 Having Its Regional Office At Maurya Lok 4th Floor A. Block New Dawkbanglow Road , P.O+P.S- Kotwali District-Patna Through Its Zonal Manager

2. Branch Manager Uco Bank Patliputra Industrial Area Branch P.O+P.SPatliputra, Dist-Patna

3. Authorised Officer,U.C.O Bank Patna Branch, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. A.Sharan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-03-2016 Despite repeated calls no one appears on behalf of the petitioner.

2. Learned counsel for the respondents submits that the writ petition ought not to be entertained in view of alternative remedy available to the petitioner in terms of Section 17 of the SARFAESI Act against SARFAESI action taken by the respondents.

3. Be that as it may, in view of non-appearance of the petitioner to press the writ petition, the same is dismissed for non prosecution.

(Vikash Jain, J) Md. Ibrarul/- U