M/S Vijay Furniture And Wood Works v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2802 of 2021 ====================================================== M/S Vijay Furniture and Wood Works a proprietorship firm having its place of business at Ward no. 4, Gaurabgarg, Supaul, through its proprietor Vijay Kumar Thakur, Male aged about 56 years, S/O Mahanand Thakur, R/O- Ward No- 7, Chakla Nirmali, P.S. - Supaul Town, Supaul ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Finance Department, Government of India 2.

Reserve Bank of India through its Governor 3.

The Chairman State Bank of India Head Office Gandhi Maidan, Patna 4.

The Branch Manager S.B.I., Branch Office, Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohit Shriwastava For the Respondent/s :

Dr.K.N.Singh (ASG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-04-2021 The present writ petition has been filed seeking the following reliefs:- "(i) For quashing of the notice dated 03.09.2020 issued by the respondent authorized officer under Section 13(2) of the SARFAESI Act, 2002. (ii) For directing the respondent bank being directed to allow the petitioner to continue its credit account.

(iii) For any other reliefs to which the petitioner is found entitled to in the facts and circumstances of this case."

At the outset, the learned counsel for the petitioner seeks liberty to approach the learned Debt Recovery Tribunal,

Patna High Court CWJC No.2802 of 2021(2) dt.07-04-2021 2/2 Patna for redressal of the grievances of the petitioner, however, seeks interim protection, in the meantime.

Accordingly, the present petition stands disposed off as not pressed, however, with liberty to the petitioner to challenge the notice dated 03.09.2020 issued by the respondent State Bank of India, Supaul Branch, before the learned Debt Recovery Tribunal, Patna.

It is needless to state that in order to enable the petitioner to seek appropriate remedy available under the law, status quo existing as on today, shall be maintained for a period of four weeks from today.

(Mohit Kumar Shah, J) S.Sb/- U