Jharkhand High Court
Nand Kishor Prasad vs Bank Of Baroda Through Its Branch ... on 19 June, 2013
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
Therefore, no relief, as prayed for, can be granted in this writ petition, which is, accordingly, dismissed.
(Aparesh Kumar Singh, J. ) Pandey IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(C) No. 505 of 2013 Nand Kishor Prasad ... ... Petitioner Versus Bank of Baroda and ors. ... ... Respondents CORAM : HON'BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner :Mr. A.K.Sahani For the Respondents :Mr. xx 2 19.6.2013 This writ petition is directed against the notice dated 2.11.2012 issued by the respondent no.2 in exercise of power under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Act,2002 (in short "SARFAESI Act,2002"). During course of argument, it appears that this writ petition was preferred by the petitioner as the appellate forum under the SARFAESI Act i.e. the Debt Recovery Tribunal, Ranchi, was not available as the post of Presiding Officer was vacant. However, learned counsel for the petitioner now informs that the Tribunal is fully functional with regular incumbent on the post of Presiding Officer. However, he submits that on account of pendency of the instant writ petition before this Court, the appeal under Section 17 of the SARFAESI Act before the appellate forum, may be barred by some delay. Therefore, he submits that the Tribunal may be directed to condone the delay in filing the appeal. Heard learned counsel for the petitioner. It appears that there is an alternative efficacious remedy available under the SARFAESI Act,2002 before the appellate forum under Section 17 of the said Act by an aggrieved person, against such action by the respondentBank.
In that view of the matter, this writ petition is being disposed of with liberty to the petitioner to approach the appellate forum for redressal of his grievances. However, if the petitioner approaches the said forum within three weeks, the appellate forum shall consider the question of delay sympathetically in view of the aforesaid fact that the