Lal Babbu Jaiswal vs The Chief Manager Cum The ...
2023 Latest Caselaw 509 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
             Civil Writ Jurisdiction Case No.4969 of 2018
======================================================

Lal Babbu Jaiswal S/o Achhelal Jaiswal, Proprietor of Laljee Raw Rice Industries, Resident of Ward No. 46, Chandan Nagar, Purnea, District- Purnea.

... ... Petitioner/s

Versus

The Chief Manager Cum The Authorised Officer, Bank Of Baroda, Gulab Bagh Branch, Purnea, P.O.- Gulab Bagh, District- Purnea.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s   :        None
For the Respondent/s   :        Mr.Sanjeev Shankar, Advocate

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 30-01-2023

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

1. This writ application is being filed for issuance of appropriate writ/writs, order/orders, direction/directions directing and commanding the respondent authorities and to quash the SARFAESI Demand notice dated 16.08.2017 issued by the Respondent u/s. 13(2) of the Act contained as (Annexure-1) and possession Patna High Court CWJC No.4969 of 2018 dt.30-01-2023

Notice Dated 08.12.2017 issued by the Respondent Bank contained as (Annexure-

3) and the petitioner further prays for grant of liberty to file his representation against the demand Notice dated 16.08.2017 to avail his bonafide Right available to the petitioner udner section 13(3-A) of the Act which was admittedly not availed by the petitioner due to his illness or grant any other relief or reliefs to the petitioner for securing justice to the petitioner."

On 23.01.2023 we had passed the following order:-

" Despite repeated calls, none has

entered appearance on behalf of the

petitioner.

Learned counsel appearing for the

Bank states that the present petition is not

maintainable in view of the provisions of The

Recovery Of Debts And Bankruptcy Act,

1993.

However, in the interest of justice,

matter is adjourned.

List this case on 30.01.2023 in the

category of 'Order Matters'."

Patna High Court CWJC No.4969 of 2018 dt.30-01-2023

Even today, despite repeated calls, none has entered

appearance on behalf of the petitioner.

As such, the petition stands dismissed for default.

(Sanjay Karol, CJ)

( Partha Sarthy, J) ranjan/-Sanjay AFR/NAFR CAV DATE Uploading Date Transmission Date