Patna High CourtC. REV./526/2016disposed

Sohan Prasad v. United Bank Of India Through The General Manager And ORS

2017-08-03The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.526 of 2016 IN LPA 1156 of 2015 =========================================================== Sohan Prasad, son of Jay Ram Prasad, Resident of Mohalla- Kathatola, P.O.- Sohsarai Bihar Sharif, P.S. Sohsarai, District- Nalanda .... .... Petitioner/s

Versus

United Bank of India Through The General Manager & Ors .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bijay Kumar Pandey, Advocate For the Respondent/s : Mr. Amarjeet Choudhary, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-08 -2017 This application has been filed for review of an order dated 21.10.2016 in L.P.A. No.1156 of 2015. Challenging an order passed by the learned Single Judge, the appeal was filed and finding there to be an alternate remedy of approaching the competent authorities under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the appeal was disposed of granting liberty to the appellant to take recourse to the statutory remedy available.

Now in this review application various factors are stated on merits to say that the order passed for attachment of the property is not proper.

The petitioner has already been ordered to take

Patna High Court C. REV. No.526 of 2016 dt.03-08-2017 2/2 recourse to the statutory remedy and the grounds raised in the application are to be considered by the statutory forum in an appeal to be filed and it is not a case where review can be made. That apart, in view of the law laid down by the Hon'ble Supreme Court in the case of Sasi (Dead) Through Legal Representatives vs. Arvindakshan Nair & Ors., (2017) 4 SCC 692, we see no reason to make any indulgence into the matter.

The application is dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.8.2017 Transmission Date N/A