(Through Video Conference) vs Regional Manager
2022 Latest Caselaw 60 Mani

KABOR Digitally
      by
                signed                                                           Page - 1


AMBAM KABORAMBAM
      LARSON                                                                      Item - 6

LARSO Date:
      2022.02.24
                                  IN THE HIGH COURT OF MANIPUR

N     14:23:55 +05'30'
                                            AT IMPHAL

                                        W.P.(C) No.604 of 2017
                                     (Through Video Conference)

                 Smt. Yumnam Shantibala Devi

                                                                        .... Petitioner/s
                    - Versus -

                 Regional Manager, Central Bank of India & Ors.
                                                                     .... Respondent/s

BEFORE HON'BLE MR. JUSTICE MV MURALIDARAN

23.02.2022

Heard Mr. Th. Jugindro, learned counsel for the petitioner and

Mr. Sushilkumar, learned counsel for Respondent Nos.2 & 3.

[2] Mr. Sushilkumar, learned counsel for Respondent Nos.2 & 3

represented that counter affidavit is not necessary to be filed in this writ

petition since the writ petition itself is not maintainable on the ground that the

writ petitioner has challenged the E-Auction Sale Notice fixed on 18.08.2017

which was passed under the SARFAISI Act. Therefore, the writ petition itself

is not maintainable and the writ petitioner ought to have approach the Debt

Recovery Tribunal.

[3] Anyhow, Mr. Th. Jugindro, learned counsel for the petitioner

represented that in Page No.18 of the affidavit of the writ petition, he cited

some judgments in which, he represented that in the Judgments, challenging

the SARFAISI Act, is maintainable.

Page - 2

[4] Without the reply of the Respondents, this Court is not in a

position to dispose the writ petition.

[5] Therefore, Mr. Sushilkumar, learned counsel for Respondent

Nos.1 & 2 seeks time to file counter affidavit.

[6] Hence, Registry is directed to post this matter on 29.03.2022 for

filing counter affidavit by the respondents finally and for disposal of the writ

petition.

[7] Since the writ petition is pending from 2017 onwards, Mr.

Sushilkumar, learned counsel for Respondent Nos.1 & 2 is directed to file

counter affidavit without fail on the next hearing and serve the copy of the

same to Mr. Th. Jugindro, learned counsel for the petitioner to enable him to

file rejoinder if any, on or before 29.03.2022.

[8] Registry is directed to delete the names of Mr. Y. Thoiba and Mr.

Th. Manihar, learned counsels for the petitioner from the cause list and to

print the name of Mr. Th. Jugindro, learned counsel for the petitioner in the

cause list.

[9] Registry is directed to issue copy of this order to both the parties

through their whatsapp/e-mail.

JUDGE

- Larson