Petitioner filed a writ petition against the State Bank of India and the Debt Recovery Tribunal. The Court granted liberty to the petitioner to approach the Bank for loan repayment relief and disposed of the writ petition.
Minor in interest, liberty was granted to the petitioner to approach the respondent bank.
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GAHC010286302019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8773/2019
BINU DUTTA
W/O- LATE KALYAN DUTTA, FLAT NO. G-2, 2ND FLOOR, HOUSE NO. 20, RAJAT KAMAL PATH, RGB ROAD, GUWAHATI-24.
VERSUS
REP. BY THE GENERAL MANAGER, RETAIL ASSETS CENTRAL PROCESSING CENTER.
2:THE STATE BANK OF INDIA REP. BY ASSISTANT GENERAL MANAGER RACPC GUWAHATI.
3:THE STATE BANK OF INDIA
REP. BY CHIEF MANAGER RACPC GUWAHATI
4:STATE BANK OF INDIA NEW GUWAHATI BRANCH REP. BY ITS BRANCH MANAGER RETAIL ASSETS CENTRAL PROCESSING CENTRE (RACPC) SWAGOTA SQUARE 4TH FLOOR ABC POINT GUWAHATI-5.
5:THE RECOVERY OFFICER
DEBT RECOVERY TRIBUNAL GUWAHAT
Advocate for the Petitioner : MR. P K GOSWAMI
Advocate for the Respondent : MR. K K NANDI
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- B E F O R E - HON’BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 03-03-2021
(Sudhanshu Dhulia , CJ)
Hears Ms. G. Goswami, learned counsel for the petitioner. Also heard Mr. K.K. Nandi, learned counsel appearing for the respondent Bank.
The petitioner had taken a loan from the respondent Bank, i.e. State Bank of India, for an amount of ` 10,81,000/-, which could not be paid and subsequently, the account of the petitioner was declared as Non Performing Asset (NPA). Consequently, the petitioner approached the Debts Recovery Tribunal , Guwahati, where the application, i.e. O.A. No.431/2017, has been rejected by the Debts Recovery Tribunal on 30.10.2018. After dismissal of the application before the Debts Recovery Tribunal , the petitioner has approached this Court by means of the present writ petition.
The case of the petitioner is that they are willing to repay the loan provided some relaxation is given to them and instalments be fixed for which there are schemes with the Bank.
We say nothing on this aspect as the application of the borrower has already been rejected by the Debts Recovery Tribunal.
Purely in the interest of justice, we grant liberty to the petitioner to approach the respondent Bank, which would take a call in accordance with law.
In view of the above, the writ petition stands disposed of.
JUDGE
CHIEF JUSTICE
Comparing Assistant
Binu Dutta
The State Bank of India
The Recovery Officer, Debt Recovery Tribunal Guwahati
Sudhanshu Dhulia
Manash Ranjan Pathak
As recorded by the court registry
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