M/S Gauri Shankar Agro Processing Private Limited Through Its Proprietor Pankaj Kumar v. Allahabad Bank Through Its Zonal Manager And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12493 of 2018 ====================================================== M/s Gauri Shankar Agro Processing Private Limited Through Its Proprietor Pankaj Kumar, son of Sri Vijay Kumar, resident of Maharajganj Road, Rafiganj, P.S. Rafiganj, District Aurangabad ... ... Petitioner/s

Versus

1. Allahabad Bank Through its Zonal Manager, Budh Marg, Patna

2. Zonal Manager, Allahabad Bank, Budh Marg, Patna

3. Chief Manager-cum-Authorized officer, Allahabad Bank, Budh Marg, Patna

4. Branch Manager, Allahabad Bank, Uchauli Branch, Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr. Anurag Saurav, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 26-07-2018 Heard learned counsel for the petitioner and learned counsel appearing for the Allahabad Bank.

Petitioner is challenging SARFAESI notice dated 23.11.2017 issued under Section 13(2), the possession notice dated 17.02.2018 under Section 13(4) of the SARFAESI Act and the Eauction notice dated 21.06.2018 published in the newspaper wherein 31.07.2018 has been fixed for E-auction. Learned counsel for the Bank, however, submits that the petitioner has not availed alternative remedy as prescribed under the SARFAESI Act.

Since there is a provision of appeal before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act, the

Patna High Court CWJC No.12493 of 2018 dt.26-07-2018 2/2 petitioner is well advised to move the Debt Recovery Tribunal for ventilating his grievances.

With the liberty aforesaid, the writ application is disposed off.

(Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.07.2018 Transmission Date NA