Patna High Court
Ankit SinghversusThe Chief Manager, Bank of Baroda,
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is dismissed as the petitioner is required to pursue the alternative remedy under Section 17 of the SARFAESI Act before the DRT.
Summary
Ankit Singh filed a writ petition in the Patna High Court challenging actions of Bank of Baroda concerning an outstanding loan. The court examined whether the petitioner could seek relief through a writ when the SARFAESI Act, 2002 provides an alternative remedy under Section 17 before the Debt Recovery Tribunal (DRT). The bench held that because the petitioner has a specific statutory remedy, the writ petition is not maintainable. Accordingly, the court directed the petitioner to approach the DRT, Patna, within ten days and, if desired, to make a representation to the bank regarding repayment terms. The writ petition was therefore disposed of without any substantive order on the loan dispute.
Issues considered
- Whether a writ petition is maintainable when the petitioner has an alternative remedy under Section 17 of the SARFAESI Act, 2002.
Legislation cited
Subjects
- SARFAESI Act
- Section 17
- Debt Recovery Tribunal
- writ petition
- alternative remedy
- bank loan dispute
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5718 of 2026
======================================================
Ankit Singh S/o Late Ratan Singh, Resident of Village Tilrath, Ward No 11,
PS Tilrath, District Begusarai, Bihar.
... ... Petitioner/s
Versus
1. The Chief Manager, Bank of Baroda, Begusarai.
2. The Branch Manager, Bank of Baroda, Barach Begusarai, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Choudhary, Adv.
For the Respondent/s : Mr. Vivek Prasad, Adv.
For the Respondent : Mr. Sanjeev Shankar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
3 18-06-2026 Having regard to the fact that the petitioner is having
an alternative and effective remedy of approaching the DRT,
Patna under Section 17 of the SARFAESI Act, 2002, this Court
is not inclined to entertain the present writ petition. The present
writ petition is disposed of granting liberty to the petitioner to
approach the DRT, Patna under Section 17 of the SARFAESI
Act, 2002 within a period of ten days from today. If any
application is filed under Section 17, the DRT, Patna shall
entertain the same and in case any interlocutory application is
filed, the same shall be taken into consideration and necessary
orders passed. In case the petitioner is so advised, he is also
granted liberty to approach the Bank by way of representation
Patna High Court CWJC No.5718 of 2026(3) dt.18-06-2026
2/2
with regard to the mode of repayment of the outstanding loan
amount. On such representation being filed, the same shall be
considered in accordance with law on its own merits.
2. With the above direction, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
Ayush/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.