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For the Petitioner(s) : Mr. Bharat Kumar, Advocate
Mr. Rahul Sinha, Advocate
Mr. Sparsh Kumar Rai, Advocate
For the State : Mr. Baibhaw Gahlaut, AC to AAG-V
………
02/ 17.07.2026: Heard, learned counsel for the petitioner and learned counsel for
the State.
2. I am deciding this writ petition without the counter affidavit and
without issuing notice to the respondent Nos.3, 4 and 5 as the issue in
this writ petition involves law point with admitted facts and the only
relevant fact is that the application under Section 14 of the SARFESAI
Act has been adjudicated by the Deputy Commissioner after hearing
the borrower, thereupon directing the Bank to restructure the loan.
The issues have already been dealt with and decided in judgment falls
in W.P.(C) No.4270 of 2026 and other analogous cases. Further, it is not
2026:JHHC:21093
necessary to notice to the borrower on whose behest the Deputy
Commissioner has passed the order, as the borrower has no locus standi
at the stage of Section 14 of the SARFAESAI Act. He has got no right
to be heard and the principle of nature justice does not come in play at
the stage of Section 14 of the SARFAESAI Act, inasmuch as if there is
any grievance the remedy lies in Section 17 of the SARFAESAI Act.
