Prita Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19255 of 2024 ====================================================== Prita Sinha Wife of Abhishek Srivastava, Resident of House No.10 State Bank Colony, Khagaria Road Takiyaper, Ward No. 36, Police Station Danapur Danapur-cum-Khagaul, Patna, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Finance, Govt. of Bihar, Patna.

2.

The District Magistrate-cum-Collector, Patna. 3.

The Senior Superintendent of Police, Patna.

4.

The Additional District Magistrate Law and Order, Patna. 5.

The Sub Divisional Police Officer 02, Head Quarter, Bihta Patna. 6.

The S.H.O. Maner P.S., District- Patna.

7.

The Block Agriculture Officer, Maner, Patna.

8.

Sri Saurav Kumar Deputed Magistrate, Agriculture Adjustment Maner District Patna.

9.

The Regional Managers, Bank of Baroda 1st Floor, Hotel Satkar Campus Dackbanglow Chauraha Frazer Road, Patna.

10.

The Branch Manager, Bank of Baroda, Danapur Branch, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhineet Prakash, Adv.

Mr. Abhimanyu Singh, Adv.

For the Respondent/s :

Mr. Government Pleader (24) For the Resp. Nos. 1 to 8:

Mr. Nishi Nath Ojha, Adv.

For the State :

Mr. Sarvesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 14-05-2025 Without going into the merits or demerits of the case having regard to the fact that the petitioner has challenged the notices issued under Sections 13(2) and 13(4) of the SARFAESI Act, 2002, this Court is not inclined to entertain the present writ petition as the petitioner is having an alternative and efficacious remedy of approaching the Debts Recovery Tribunal under

Patna High Court CWJC No.19255 of 2024(5) dt.14-05-2025 2/2 Section 17 of the SARFAESI Act.

2. The present writ petition stands disposed of granting liberty to the petitioner to avail the alternative remedy of approaching the Debts Recovery Tribunal, Patna under Section 17 of the SARFAESI Act within a period of four weeks from today. In case the petitioner is advised, he is free to approach the bank seeking repayment of the entire loan amount either by way of installments or by rescheduling the loan and if any such application/representation is made, the same shall be considered by the bank on its own merits.

3. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U