Court No. - 39
Case :- WRIT - C No. - 36049 of 2018 Petitioner :- M/S Shri Bala Ji Chemicals Respondent :- State Bank Of India And Another Counsel for Petitioner :- Subhash Chandra Tiwari,Shakti Shanker Tiwari Counsel for Respondent :- Satish Chaturvedi
Hon'ble B. Amit Sthalekar,J. Hon'ble Rajiv Joshi,J.
Heard Sri Subhash Chandra Tiwari, learned counsel for the petitioner and Smt. Archana Singh, learned counsel for the respondent No. 1 and 2.
The petitioner in the writ petition is seeking quashing of the order dated 29.09.2018 whereby the petitioner's objection filed to the notice under Section 13(2) of the SARFAESI Act, 2002 (hereinafter referred to as the Act of 2002) has been rejected but in addition thereto it is informed that the petitioner may file a better proposal which can be considered by the respondent- bank. According to the petitioner, he is willing to pay the entire amount in easy installments which are fixed.
In our view, the petitioner should have approached the respondent No. 1- State Bank of India, Branch Ratan Lal Nagar with a fresh proposal and get installments fixed by the bank.
In this view, of the matter we do not find any illegality or infirmity in the order dated 29.09.2018. The petitioner is at liberty to approach the respondent No.1 as per their own concession granted in para 3 of the impugned order.
The writ petition is, accordingly, dismissed. Order Date :- 30.10.2018 Sweety