M/S Jain Food Products v. Bank Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3186 of 2018 • M/s Jain Food Products Through Its Proprietor Vikash Kumar Jain, Son Of Shri Chandanmal Badi, Aged About 33 Years, R/o Sarora Industrial Area, Raipur, Chhattisgarh ---- Petitioner

Versus

1. Bank Of India, Through- Manager, Bank of India, Devendra Nagar Branch, 69-70, I.G.V. Parisar, Cloth Market, Pandri, Raipur, Chhattisgarh

2. The Zonal Manager, Bank Of India

3. The Deputy Zonal Manager, Bank Of India

4. The Recovery Department Zonal Office

5. The Credit Department Zonal Office Respondent Nos.2 to 5 are R/o G.D. Shesh Building, Tatyapara, Raipur, District- Raipur, Chhattisgarh ---- Respondents For Petitioner Ms. Renu Kochar, Advocate For Respondents Shri Aditya Tiwari, Advocate Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 04/12/2018 1.

In view of the order passed by the Supreme Court in the matter of ICICI Bank Ltd. Etc. vs Umakanta Mohapatra Etc. Etc. in Civil Appeal No.10243-10250 of 2018, which has been relied by this Court in WPC No.2921/2018, the present writ petition challenging the proceedings under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities

Interest Act, 2002 is not maintainable.

2.

Let the petitioner avail the alternative remedy before the jurisdictional DRT.

3.

The writ petition is dismissed.

Sd/- Prashant Kumar Mishra Judge Nirala