Vijay Verma v. Dena Bank and Others - 2008 Supreme(Online)(Chh) 51

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(Online)(Chh) 51

CHHATTISGARH HIGH COURT
Dhirendra Mishra, J.
Vijay Verma v. Dena Bank and Others

Table of Content
1. petition for writ mandamus and procedural challenges. (Para 1 , 2 , 3)
2. bank's committee concluded borrower was a wilful defaulter. (Para 4 , 5 , 7)
3. recovery procedures under the npa act and available remedies. (Para 6 , 10 , 18)
4. distinction between enforcement actions and borrower rights. (Para 12 , 13 , 14)
5. petition dismissed upholding bank enforcement actions. (Para 15 , 19)

1. The petitioner has filed this petition under Art.226 of the Constitution of India for the following relief(s) :
A. A writ and / or an order in the nature of writ of mandamus do issue commanding and directing the respondent Bank authorities to produce before this Hon'ble Court all the relevant records for perusal of this Hon'ble Court.
B. A writ and / or an order in the nature of writ of mandamus do issue commanding and directing the respondent Bank authorities to act in consonance with the law laid down in Para 45 of the Mardia Chemicals Ltd. 's case, AIR 2004 SC 2371 and strictly in accordance with S.13 (2) and (4) of the Act and the R.3 - A and 4 of the Rules, 2002, as amended up - to - date, and prohibiting the respondent Bank authorities from taking possession of the said shops