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Patna High CourtCWJC/7344/2016disposed

M/S Sharma V. S. B. K. Udyog v. Punjab National Bank And ORS

2016-05-03Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7344 of 2016 ====================================================== M/s Sharma V. S. B. K. Udyog through its proprietor Smt. Rita Kumari, Wife of Sri Sanjay Kumar Sharma, Resident of Village + P.O.- Pratappur, P.S.- Karja, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. Punjab National Bank through its Regional Manager, Punjab National Bank, Muzaffarpur.

2. Chief Manager -cum- Authorised Officer, Punjab National Bank Branch, Khabara Road, Muzaffarpur, District- Muzaffarpur.

3. Branch Manager, Punjab National Bank, Khabara Road Branch, Muzaffarpur, District- Muzaffarpur.

4. Deepak Bharti @ Guddu Singh, Son of Sri Raghav Prasad Singh, Resident of Village + P.O.- Pratappur, P.S.- Karja, DistrictMuzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh For the Respondent/s : Mr. Kumar Priya Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-05-2016 On the joint request of Mr. Jitendra Prasad Singh, learned counsel appearing for the petitioner and Mr. Kumar Priya Ranjan, learned counsel appearing for the respondents the matter has been taken up for consideration on admission and when it is informed that the proceedings under section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act') stands concluded and thus the petitioner if so aggrieved has his remedy by way of appeal under section-17 of 'SARFAESI Act'.

Patna High Court CWJC No.7344 of 2016 (2) dt.03-05-2016 2/2 The legal position is not contested by Mr. Singh, learned counsel appearing for the petitioner and the writ petition is disposed of accordingly with a liberty to the petitioner, if so advised, to take recourse to the lawful remedy so provided under the 'SARFAESI Act'.

It is made clear that this Court has not expressed its opinion on the merits of the case.

(Jyoti Saran, J) deepika/- U