Smt. Mani Devi v. The State Bank Of India And ORS

Patna High Court CWJC No.159 of 2016 (3) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.159 of 2016 ======================================================

1. Smt. Mani Devi Wife of late Sudhakant Jha Resident of Mohalla- Chakla Nirmali, ward no. 7, P.S & District Supaul.

.... .... Petitioner/s

Versus

1. The State Bank of India, Supaul Main Branch, town and District Supaul through the Authorized Officer.

2. The Authorized Officer-cum-Chief -Manager, State Bank of India, Supaul Main Branch, town & District Supaul.

3. The Assistant General Manager, State Bank of India, Regional Business Officer, Madhubani (in front of suri High School Above ADB, SBI Madhubani-847211)

4. The District Magistrate, Supaul.

5. The Debt Recovery Tribunal , Bihar Patna through its Secretary. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Respondent/s : Mr. Manish Kumar, GP 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-05-2016 Learned counsel for the Bank invites the attention of this Court to Annexure-10 which is an order passed in C.W.J.C.No.17736 of 2015 and whereby the writ petition was permitted to be withdrawn enabling the petitioner to exhaust the appellate remedy so available under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. He submits that having withdrawn the said writ petition, the petitioner is again before this Court. In my opinion, in view of the earlier order passed and present at Annexure-10, the second writ petition is not maintainable on the self same set of facts and the statement made at paragraph 38 of the writ petition also would not come to the aid of the writ petitioner.

The writ petition is disposed of.

Bibhash/- (Jyoti Saran, J) U