Smt. Madhu Devi And ORS v. The State Of Bihar And ORS
Patna High Court CWJC No.19789 of 2011 dt.15-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19789 of 2011 ===========================================================
1. Smt. Madhu Devi W/O Pradeep Kumar Dwivedi Proprietor M/S Chandra - Sakhi Industrial Corporation at Muriyari, P.O. Bishunpura Bazar, P.S. Mairwa, District - Siwan, Residing at Village Srinagar, P.O. Langarpura Mairwa, District - Siwan
2. Pradeep Kumar Dwivedi S/O Late Basudeo Dwivedi Resident of Village Srinagar, P.O. Langarpura P.S. Mairwa, District - Siwan
3. Shyam Kumar Dwivedi S/O Late Basudeo Dwivedi Resident of Village Srinagar, P.O. Langarpura , P.S. Mairwa, District - Siwan
4. Smt. Chandrawati Devi W/O Late Basudeo Dwivedi Resident of Village Srinagar, P.O. Langarpura P.S. Mairwa, District - Siwan
5. Santosh Kumar Dwivedi S/O Late Basudeo Dwivedi Resident of Village Srinagar, P.O. Langarpura P.S.Mairwa, District - Siwan .... .... Petitioner/
Versus
1. The State of Bihar
2. The State Bank of India through the Branch Manager Mairwa Branch, P.O + P.S. - Mairwa, Dist. Siwan
3. The Branch Manager, SBI Mairwa Branch, P.O. & P.S. Mairwa, District - Siwan
4. The Chief Manager, SBI Siwan Branch, P.O. & P.S. Siwan District - Siwan
5. Secretary, Finance Department, Bihar, Patna .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : None For the Resp. Bank : Mr. Niraj Kumar Sinha, Advocate For the State : Mr. Lokesh Kumar Singh, AC to SC 26 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-10-2015 None appears on behalf of the petitioners despite repeated calls.
2. Learned counsel for the Respondent Bank submits that the action of the respondents is fully justifiable. He refers to para 12 of the counter affidavit filed on behalf of the Respondent Bank to submit that the notice under Section 13(2) of the SARFAESI Act is correct since the loan account of M/s Dwivedi Auto Sales Corporation had already been
Patna High Court CWJC No.19789 of 2011 dt.15-10-2015 declared NPA on 31.01.2010 and the said loan account had became inoperative from 22.10.2009 after the death of the sole proprietor of the said firm with the result that the said loan account had become bad.
3. Be that as it may and in view of non-appearance on behalf of the petitioners, the writ petition stands dismissed for non-prosecution. (Vikash Jain, J) Chandran U