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Patna High CourtCWJC/16806/2016dismissed

Vijay Kr. Choudhary v. The Central Bank Of India And ORS

2018-03-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16806 of 2016 =========================================================== Vijay Kr. Choudhary, S/o Late Kalut Choudhary, Resident of Mohalla - Rikabagiy, Post Office - Patna City, P.S. - Malsalami, District - Patna. .... .... Petitioner

Versus

1. The Central Bank of India through its Chairman, Head Office, Chadermukhi Mandir, Nariman Point, Mumbai.

2. The Zonal Manager, Central Bank of India, Mauryalok Regional Office at Patna.

3. The Assistant Zonal Manager, Central Bank of India, Mauryalok at Patna, Regional Office, Patna.

4. The Branch Manager, Central Bank of India, Jhauganj, Patna City, District - Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Vikram Singh, Advocate For the Respondents : Mr. Ajay Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 22-03-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs- "(i) A notice dt. 21.05.2014 u/s 13(2) of the Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act 2002 read hereinafter as SARFAESI Act 2002 by which petitioner has advised to discharge entire liabilities as on date with future interest thereon within 60 days from date of that notice failing which the Bank would be constrained to exercise all or any right confirmed u/s 13(4) of SARFAESI Act 2002 (ii) For issuance of appropriate writ/order/direction to dispose of the objection 13(2) of SARFAESI Act

Patna High Court CWJC No.16806 of 2016 dt.22-03-2018 2/2 representation made by the petitioner time and again dt. 21.07.14.

(iii) For issuance of appropriate writ/order/direction to the respondent to send the matter for proper settlement of matter before special Lok Adalat as per the earlier notice dt. 14.01.14 served to the petitioner and in view of representation dt. 13.02.2015 made by the petitioner before respondent no. 5."

3. This Court finds that no cause of action has been made out by the petitioner and the writ petition appears to be premature. The same is accordingly dismissed.

B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 27.03.2018 Transmission Date N.A.