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High Court Of ChhattisgarhWPC/1617/2015disposed off

Robin Agrawal v. The State Bank Of India

2015-10-01Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1617 of 2015 Robin Agrawal S/o Shri Bansilal Agrawal, Aged About 34 Years R/o -14 Friends Colony, Dhimarpur, Police Station Kotra Road, Raigarh, Civil And Revenue Distt. Raigarh (Chhattisgarh) Guaranter/ Director Of M/s Shri Shyam Jyotish Steel Pvt. Ltd. ---- Petitioner

Versus

1. The State Bank Of India Through Its Branch Manager, A.D.B. Chakradhar Nagar, Raigarh, Civil And Revenue District Raigarh (Chhattisgarh)

2. The District Magistrate, Raigarh, Civil And Revenue District Raigarh (Chhattisgarh)

3. M/s Shri Shyam Jyoti Steel Private Limited, Registered Office At -14 Friends Colony, Dhimarpur, Raigarh, Civil And Revenue District Raigarh (Chhattisgarh) Through Its Director Smt. Mamta Agrawal, W/o. Robin Agrawal, 14 Friends Colony, Raigarh (Chhattisgarh) ---- Respondents For Petitioner :

Shri M.K. Bhaduri, Advocate.

For Respondent/Bank :

Shri P.R. Patankar, Advocate appearing on behalf of the Bank on advance copy.

Order On Board 01/10/2015 Heard.

1.

The grievance of the petitioner is that even though earlier the writ petition filed was disposed off on 27.08.2015 with a direction that earlier order dated 09.01.2014 shall no longer be given effect to, the petitioner is apprehending action on the basis of the earlier order. 2.

To dispel this apprehension, learned counsel for the respondents submits that at present, the Collector has only issued a notice to the petitioner to appear so that fresh order can be passed in accordance with law.

3.

In view of the aforesaid statement which is apparent from the notice Annexure P/5, it cannot be said that at present any final order has been passed by the Collector under the

provision of Section 14(5) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Therefore, the petition at this stage is disposed off with the liberty to raise such objection as may be available to him under the law, to the notice issued to him by the Collector.

Sd/- Manindra Mohan Shrivastava J U D G E Rekha