M/s Sandhya Gyan Bharti v. Chairman Cum C M D, Dena Bank having its registered office C-10,G
Case at a glance
- Bench
- G ANUPAMA CHAKRAVARTHY
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 33. Accordingly, the Writ petition is dismissed as it is not maintainable. amitkr/- U (G. Anupama Chakravarthy, J)
Judgment
1. Versus Chairman Cum C M D, Dena Bank having its registered office C-10,G Block, Bandra-Kurla Complex, Bandra(E), Mumbai The State of Bihar through Bihar School Examination Board (Senior Secondary), Budh Marg Patna & others
2. Authorised Officer, Dena Bank, Patna Branch Maurya Lok Complex Dak Bunglow Road, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : : : : :
Mr.Dudh Nath Singh, Advocate Mr. Kumar Shashi, Advocate Mr. Samrendra Kr. Jha, Advocate Mr. Alok Kumar Jha, Advocate Mr.Nishi Nath Ojha, Advocate For the Respondent/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 2 08-05-2025
Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.
The Hon’ble Apex Court in CELIR LLP Vs. BAFNA MOTORS (MUMBAI) PRIVATE LIMITED AND OTHERS reported in (2024) 2 SCC 1, and in UNITED BANK OF INDIA Vs. SATYAWATI TONDON AND OTHERS reported in Patna High Court CWJC No.10910 of 2017(2) dt.08-05-2025 (2010) 8 SCC 110 time and again reiterated that Writ petitions are not maintainable under Article 226 of the Constitution of India against the provisions of SARFEASI Act and it is for the petitioner to approach the appropriate forum when an alternative remedy is available and the appropriate forum shall consider the limitation aspect as the petitioner has approached this Court within the period of limitation.
Accordingly, the Writ petition is dismissed as it is not maintainable. amitkr/- U (G. Anupama Chakravarthy, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.