Patna High Court

M/s Shah EnterprisesversusThe Union of India

Decided: 17 June 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The writ petition is not maintainable as the petitioners have an alternative remedy under Section 17 of the SARFAESI Act, 2002, and must approach the DRT.

Summary

The petitioners, M/s Shah Enterprises and its proprietors, filed a writ petition in the Patna High Court challenging actions taken by Utkarsh Small Finance Bank and other banking officials. They sought relief against the bank’s enforcement measures, alleging violation of their rights. The Court observed that the petitioners have a specific statutory remedy under Section 17 of the SARFAESI Act, 2002, which allows them to approach the Debt Recovery Tribunal (DRT) in Patna. Since an alternative and effective remedy exists, the Court declined to entertain the writ petition. Accordingly, the petition was disposed with a direction to file an application before the DRT within ten days, and any interlocutory applications thereafter would be considered.

Issues considered

Whether a writ petition is maintainable when the petitioner has an alternative remedy under Section 17 of the SARFAESI Act, 2002
Whether the High Court can entertain the petition in view of the statutory remedy available before the Debt Recovery Tribunal

Legislation cited

SARFAESI Act, 2002 — s. 17

Subjects

SARFAESI Act
Section 17
Debt Recovery Tribunal
Writ Petition
Alternative Remedy
Banking Enforcement
High Court Jurisdiction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7011 of 2026
     ======================================================
1.    M/s Shah Enterprises a proprietary concern having its office at Nasriganj,
      Near Biscuit Factory More, P.O.- Digha, P.S.- Danapur, District- Patna-
      800012, Bihar through its proprietor Renu Devi, Gender-Female, aged about
      47 years wife of Late Vijay Kumar @ Vijay Kumar Gupta, resident of House
      No-350, Mohalla- Nasriganj, Near Biscuit Factory More, Digha Diara, P.O.-
      Digha, P.S.- Danapur, District- Patna-800012, Bihar.
2.   Renu Devi, wife of Late Vijay Kumar @ Vijay Kumar Gupta, resident of
     Mohalla- Nasriganj, Near Biscuit Factory More, Digha Diara, P.O.- Digha,
     P.S.- Darnpaur, District-Patna-800012, Bihar.
3.   Deepak Kumar, Son of a Late Vijay Kumar@ Vijay Kumar Gupta, resident
     of House No-350, Mohalla-Nasriganj, Near Biscuit Factory More, Danapur-
     cum-Khagaul, P.O.-Digha, P.S.-Danapur, District- Patna-800012, Bihar.

                                                                  ... ... Petitioner/s
                                      Versus
1.   The Union of India through the Finance Secretary, Department of Finance,
     Govt. of India, New Delhi.
2.   The Regional Manager, Reserve Bank of India, Patna.
3.   The Managing Director, Utkarsh Small Finance Bank, Utkarsh Tower, NH-
     31 (Airport Road), Sehmalpur, Kazi Sarai, Harhua, Varanasi, Uttar Pradesh-
     221105.
4.   The Chief Executive Officer, Utkarsh Small Finance Bank, Utkarsh Tower,
     NH-31 (Airport Road), Sehmalpur, Kazi Sarai, Harhua, Varanasi, Uttar
     Pradesh-221105.
5.   The Zonal Manager, Utkarsh Small Finance Bank, 2nd Floor, 134/A,
     Patliputra Colony, Opposite Polytechnic Gate, P.S.- Patliputra, Patna, Bihar-
     800013.
6.   The Branch Manager, Utkarsh Small Finance Bank, Ground Floor, Plot No-
     C-34, Patrakar Nagar, Doctors Colony Road, Post- Lohia Nagar, P.S.-
     Patrakar Nagar, District- Patna, Bihar-800020.
7.   The Authorised Officer, Utkarsh Small Finance Bank, 2nd Floor, 134/A,
     Patliputra Colony, Opposite Polytechnic Gate, P.S.-Patliputra, Patna, Bihar-
     800013.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Sriram Krishna, Adv.
                            :      Mr. Amarjeet, Adv.
                            :      Mr. Madhukar Anand, Adv.
                            :      Mr. Manish Kumar, Adv.
     For RBI                :      Mr. Rajesh Ranjan, Adv.
     For the Respondent/s   :      Mr. Additional Solicitor General
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
          Patna High Court CWJC No.7011 of 2026(5) dt.17-06-2026
                                                      2/2




                                                   ORAL ORDER

5    17-06-2026                 Having regard to the fact that the petitioners are

                    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

                    petitioners 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.

                                2. With the above direction, the present writ petition

                    stands disposed of.



                                            (A. Abhishek Reddy, J)
Ayush/-

U

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