Anju Rani v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14532 of 2012 =========================================================== Anju Rani W/O Sri Raj Kumar Thakur Present Address Resident of Main Road Pankaj Cinema Chawk, Koiriya Tola, P.S.- Raxaul, District- East Champaran, Permanent Address R/O- Pantoka, P.O.- Singhpur Haraiya, District- East Champaran .... .... Petitioner
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna
2. The Collector, East Champaran
3. The Certificate Officer, Motihari, East Champaran
4. The Manager, Canara Bank, Raxaul .... .... Respondents =========================================================== Appearance:
For the Petitioner : NONE For the State : MR. MARUTH NATH ROY,AC TO SC4 For the Resp. Bank : MR. RAJAN GHOSHRAVE, ADVOCATE =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-08-2016 The present writ petition has been filed for setting aside the notice dated 13.02.2012 issued by the respondent no. 4 as contained in Annexure 4 and 4/1 under Section 3(2) of the Securitization and Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 (for short "the SARFAESI Act").
2. None appears on behalf of the petitioner despite repeated calls today. Learned counsel for the respondent Bank appears and has been heard.
3. At the very outset, this Court takes note that the petitioner had adequate remedy under Section 13(3A) of the SARFAESI Act by
Patna High Court CWJC No.14532 of 2012 dt.12-08-2016 filing a representation raising objection against the impugned action of the respondent Bank which does not appear to have been availed of by the petitioner before rushing to this Court with the present writ petition.
4. In the above view of the matter, this Court is not inclined to grant any relief to the petitioner and the writ petition stands dismissed.
(Vikash Jain, J) Chandran/Ibrar AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 16.08.2016 Transmission Date N.A.