Sheikh Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13557 of 2023 ====================================================== 1.

Sheikh Chand Son of Sh eikh Kaium @ Abdul Kaium Resident of Ward No. 14 Village-Pali Mohan, Post Pali Mohan, P.S. Khajauli, District-Madhubani. 2.

Mohammad Shafikurr Rahman, Son of Md. Kaium, Resident of Ward No. 14 Village-Pali Mohan, Post Pali Mohan, P.S. Khajauli, District-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through Law Secretary Government of Bihar, Patna. 2.

The Managing Director, Central Bank of India, Mumbai. 3.

The General Manager, Central Bank of India, Mumbai. 4.

The Zonal Manager, Central Bank of India, Darbhanga, Bihar, Patna. 5.

The Branch Manager, Central Bank of India, Madhubani. 6.

The Branch Manager, New India Assurance Company Ltd. Micro Branch, Madhubani.

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Adv.

Mr.Ravi Prakash, Adv.

Mr. Rajesh Kr., Adv For the Respondent/s :

Mr.Sunil Kumar Mandal ( Sc 3 ) Mr. Bipin Kumar, AC to SC 3 Mr. Nishi Nath Ojha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 28-11-2023 Learned counsel appearing on behalf of the respondents-Bank has stated that the authorities have issued only notice under Section 13(2) of the SARFAESI Act and the petitioner has an alternative and efficacious remedy of filing a representation before the concerned authorities under Section 13(3A) of the SARFAERSI Act.

2. Having regard to the same, the present writ petition is disposed off directing the petitioner to file a representation

Patna High Court CWJC No.13557 of 2023(2) dt.28-11-2023 2/2 before the concerned authorities under Section 13(3A) of the SARFAERSI Act within a period of two weeks from the date of receipt of copy of the order. On receipt of the said representation, the authority concerned shall consider the said representation and pass necessary orders strictly in accordance with law. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

3. With the above direction, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) Bhardwaj/- U