NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 1617 of 2015

Robin Agrawal S/o Shri Bansilal Agrawal, Aged About 34 Years R/o -14 Friends

Colony, Dhimarpur, Police Station Kotra Road, Raigarh, Civil And Revenue Distt.

Raigarh (Chhattisgarh) Guaranter/ Director Of M/s Shri Shyam Jyotish Steel Pvt. Ltd.

---- Petitioner

Versus

1. The State Bank Of India Through Its Branch Manager, A.D.B. Chakradhar Nagar,

Raigarh, Civil And Revenue District Raigarh (Chhattisgarh)

2. The District Magistrate, Raigarh, Civil And Revenue District Raigarh (Chhattisgarh)

3. M/s Shri Shyam Jyoti Steel Private Limited, Registered Office At -14 Friends Colony,

Dhimarpur, Raigarh, Civil And Revenue District Raigarh (Chhattisgarh) Through Its

Director Smt. Mamta Agrawal, W/o. Robin Agrawal, 14 Friends Colony, Raigarh

(Chhattisgarh)

---- Respondents

For Petitioner

:

Shri M.K. Bhaduri, Advocate.

For Respondent/Bank

:

Shri P.R. Patankar, Advocate appearing on behalf of

the Bank on advance copy.

Order On Board

01/10/2015

Heard.

1.

The grievance of the petitioner is that even though earlier the writ petition filed was

disposed off on 27.08.2015 with a direction that earlier order dated 09.01.2014 shall no longer

be given effect to, the petitioner is apprehending action on the basis of the earlier order.

2.

To dispel this apprehension, learned counsel for the respondents submits that at

present, the Collector has only issued a notice to the petitioner to appear so that fresh order

can be passed in accordance with law.

3.

In view of the aforesaid statement which is apparent from the notice Annexure P/5, it

cannot be said that at present any final order has been passed by the Collector under the

provision of Section 14(5) of the Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002. Therefore, the petition at this stage is disposed off

with the liberty to raise such objection as may be available to him under the law, to the notice

issued to him by the Collector.

Sd/-

Manindra Mohan Shrivastava

J U D G E

Rekha