Salam Bibi v. The Central Bank Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13241 of 2018 =========================================================== Salam Bibi, W/o Jauhim Miya, Resident of Village- Reotith, P.S.- Baikunthpur, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The Central Bank of India through its Regional Head, Regional Office, Bihar, Patna.

2. The Authorized Officer, Central Bank of India, Gopalganj.

3. The Branch Manager, Central Bank of India Dighwa Dighuli Branch, Gopalganj.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Respondent/s : Mr. Ajay Kumar Sinha =========================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date: 27-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondent-Central Bank of India. Petitioner in the present writ application has challenged the possession notice dated 20.06.2018 which has been pasted on the property of the petitioner and the premises has been sealed by the Bank Officials.

Learned counsel for the petitioner submits that loan was taken from the respondent-Bank by one G. Sana Ayer and the petitioner stood as a guarantor. The borrower defaulted to make

Patna High Court CWJC No.13241 of 2018 dt.27-08-2018 2/2 payment of loan whereafter the Bank initiated SARFAESI action against the borrower. He submits that notice under Section 13(2) of the SARFAESI Act has not been served on him and his property has been taken in possession by the Bank and sealed. Learned counsel for the Bank submits that the writ is not maintainable as the petitioner has an alternative remedy even if he is guarantor to the said loan to approach the Debt Recovery Tribunal for redressal of her grievances.

This writ application is disposed off with the liberty to the petitioner to avail the alternative remedy as provided under the SARFAESI Act. If the petitioner prefers an application within the fortnight i.e. by 10th of September, 2018, the Presiding Officer, Debt Recovery Tribunal would condone the delay, if otherwise the application is in order.

This writ application is disposed off as above. (Nilu Agrawal, J) Devendra/Priyanka AFR/NAFR NAFR CAV DATE NA Uploading Date28.08.2018 Transmission Date NA