Md. Jainul v. Chief Officer,U.C.O. Bank,Zona

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10110 of 2012 =========================================================== Md. Jainul, Son of Late Md. Ulfat, R/O Hussainpur Road, P.S. Mojahidpur, District Bhagalpur .... .... Petitioner

Versus

1. Chief Officer, U.C.O. Bank, Zonal Office Adampur Chowk, Bhagalpur

2. Branch Manager, U.C.O. Bank, Gurhatta Chowk Branch, P.S. Mojahidpur, District Bhagalpur .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Praveen Kumar, Advocate For the Respondents : Mr. Ranjeet Kumar Pandey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-05-2016 The present writ petition has been filed against the proposed step and notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act') for realization of Rs. 6,32,607/- (Rupees six lacs thirty two thousand six hundred and seven) only taking recourse of the aforesaid Act and further interest, incidental expenses and costs.

2. At the very outset, this Court takes notice of the provisions of Section 13 (3A) of the SARFAESI Act under which the petitioner has remedy to file objection before the respondent-Bank.

3. The writ petition is accordingly disposed with liberty to the petitioner to file such objection, if not already filed, before the respondent-Bank. In view of the submission of the learned counsel for

Patna High Court CWJC No.10110 of 2012 dt.16-05-2016 2/2 the petitioner that the petitioner is prepared to make payment of the outstanding dues till date, he shall be at liberty to raise these aspects as well before the respondent-Bank.

(Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 17.05.2016 Transmission Date N/A