Rajendra Prasad v. State Bank Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12734 of 2010 ====================================================== Rajendra Prasad S/O Late Bechan Lala Sah, Proprietor of M/S Laxmi Chawal and Galla Bhandar at Pokhra Chowk, Moh-Shivganj, Shikarpur, P.S. Narkatiyaganj, Distt-West Champaran at Bettiah .... .... Petitioner/s

Versus

1. State Bank of India, Patna Main Branch, West Gandhi Maidan, Patna-800001 through its Authorized Officer

2. Authorized Officer & Chief Manager, State Bank of India, Patna Main Branch, West Gandhi Maidan, Patna-800001

3. Chief Manager, State Bank of India Narkatiyaganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None.

For the Respondent/s : Mr. Kaushlendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 27-03-2015 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition. However, learned counsel appearing on behalf of the respondents submits that in view of the fact that action under section 13(4) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (In short "SARFAESI Act") has been taken against the petitioner, the present writ petition, at this stage, is not maintainable and the petitioner, if so aggrieved, may approach the learned Debts Recovery Tribunal under section 17(1) of the SARFAESI Act.

Be that as it may, since none is appearing on behalf of the petitioner, the writ petition stands dismissed for want of prosecution.

(Birendra Prasad Verma, J) BTiwary/- U