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2022 Supreme(Jhk) 170

RAJESH SHANKAR
Unique Coal Company – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Indrajit Sinha.
For the Respondent: Mr. P.S.A.S. Pati.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the order dated 12.06.2018 (Annexure-3 to the writ petition) passed by the District Magistrate, Dhanbad in SARFAESI Case No. 16/2018 allowing the application filed by the respondent-Bank under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act 2002’). Further prayer has been made for issuance of direction upon the respondent No. 4 to consider the petitioner’s application/representation for regularization/settlement of its loan account bearing No. 36900600000480.

2. Mr. P.S.A.S. Pati, learned counsel appearing on behalf of the respondent-Bank, raises preliminary objection with regard to maintainability of the present writ petition and submits that the petitioner has filed the same without availing alternative/statutory/ efficacious remedy of preferring an application under Section 17 of the Act, 2002 before the Debts Recovery Tribunal, Ranchi against the impugned order dated 12.06.2018.

3. Since learned counsel for the respondent-Bank has raised the issue of maintainability of the writ petition, it

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