Rina Devi v. General Manager, Allahabad Bank, Head Offic, 2, Netazi Subhash Road, Kolkata
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
2. Versus ... ... Petitioner/s
1. General Manager, Allahabad Bank, Head Offic, 2, Netazi Subhash Road, Kolkata.
3. The Regional Manager, Allahabad Bank, Regional Officer, Bhagalpur. The Chief Manager, Allahabad Bank, Branch Office, Katihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s : : : :
Mr.Rajendra Prasad Sah, Advocate Mr. Ratnakar Ambastha, Advocate Mr.Nishi Nath Ojha, Advocate Mr. S.K. Sharma, 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 Patna High Court CWJC No.12645 of 2017(3) dt.14-05-2025 (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.