Heena Kumari v. Cholamandalam Investment And Finance Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1261 of 2023 ====================================================== Heena Kumari W/o Late Abhay Kumar, R/o Akharaghat, Adarsh Nagar, Muzaffarpur-842001.

... ... Petitioner/s

Versus

1.

Cholamandalam Investment and Finance Company Ltd. through Managing Director, Dare House, 2 N.S.C. Bose Road, Parrys, Chennai (T.N.)-600001. 2.

The Branch Manager, Cholamandalam Investment and Finance Company Ltd. Second Floor, Ramrekha Complex, Near Circuit House, Maripur, Muzaffarpur-842001.

3.

HDFC Life Insurance Company Limited Through Managing Director And C.E.O. Lodha Excelus, 13th Floor, Apollo Mills Compound, N.M. Joshi Marg, Mahalaxmi, Mumbai-400011.

4.

The Branch Manager, HDFC Life Insurance Company Limited, 2nd Floor, Vikash Bhawan, New Orient Club, Amgola Road, Ramna, Muzaffarpur842002. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Pratik Kumar For the Respondent :

Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-03-2023 No one appears even in the second round.

Petitioner challenges the notice dated 19.08.2022 issued by the respondent under Section 13(2) of the SARFAESI Act, 2002. The petitioner has already submitted objections to the said notice. The respondents are obliged to take a decision thereto.

If any, further proceedings have initiated, the petitioner has an efficacious remedy of taking up the matter before the concerned D.R.T. in terms of the judgment passed by

Patna High Court CWJC No.1261 of 2023(2) dt.21-03-2023 2/2 the Hon'ble Supreme Court in State Bank of Travancore & Anr. vs. Mathew K.C. reported in (2018) 3 SCC 85. As such, the writ petition is held to be not maintainable and is accordingly dismissed.

(Sanjeev Prakash Sharma, J) Gauravkr/- Item No. 10 U