Vijay Paswan @ Vijay Kumar v. General Manager, Head Office, State Bank Of India, Gandhi Maidan, Patna
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
Mr.Rajendra Prasad Sah, Advocate Mr.Anjani Kumar Mishra, Advocate Mr. Ambarish Bhardwaj, Advocate : : : ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 3 14-05-2025
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 (2010) 8 SCC 110 time and again reiterated that Patna High Court CWJC No.12616 of 2017(3) dt.14-05-2025 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.