Dismissed

Arijit Saikia v. the Assam Gramin Vikash Bank and 2 Ors.

Gauhati HC4 May 2023WP(C)/540/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Article 226 seeking direction against the bank not to auction mortgaged assets due to alleged failure in one-time settlement. The court dismissed the petition as not maintainable, citing Supreme Court precedent directing remedy to the DRT.

What did the court decide?

The writ petition was dismissed as not maintainable; no direction was granted to the bank.

Arijit Saikia Vs the Assam Gramin Vikash… — Contract and Commercial Disputes | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010019802023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/540/2023

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ARIJIT SAIKIA

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S/O- LATE BIJIT SAIKIA,

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SAIKIA VILLA, HOUSE NO-3, SUNDARPUR, RG BARUAH ROAD, 18TH EAST BY LANE , P.O- DISPUR, KAMRUP (M), GHY-05

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VERSUS

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THE ASSAM GRAMIN VIKASH BANK AND 2 ORS HAVING ITS REGIONAL OFFICE AT RAJGARH ROAD, CHANDMARI, GUWAHATI-03, REP. BY ITS AUTHORISED OFFICER

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2:THE AUTHORISED OFFICER ASSAM GRAMIN VIKASH BANK REGIONAL OFFICE RAJGARH ROAD CHANDMARI GUWAHATI-03

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3:THE SENIOR MANAGER

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ASSAM GRAMIN VIKASH BANK HAVING ITS GANESHGURI BRANCH SUMAN MARKETING COMPLEX GANESHGURI GUWAHATI-0

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For the Petitioner(s) : Mr. M. Dutta, Adv.,

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Ms. S. Dev, Adv..

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For the Respondent(s) : Mr. D. Banerjee, SC, AGVB,

Page No.# 2/3

Ms. M. Bose, Adv.

BEFORE

HON’BLE THE CHIEF JUSTICE HON’BLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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04.05.2023

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The petitioner herein has approached this Court by filing the present writ petition under Article 226 of the Constitution of India seeking a direction upon the respondent bank not to sell the assets mortgaged by the petitioner for securing the loan taken by his brother Shri Dhritiman Saikia.

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On account of the loan account becoming NPA, the bank initiated proceeding under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and took possession of the secured assets owned by the petitioner.

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The petitioner has alleged in this writ petition that despite three attempts, the secured assets of the petitioner could not be auctioned and thus, the petitioner deserves to be given an opportunity by way of a One Time Settlement (OTS) to settle the loan account.

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The respondents’ counsel has drawn the Court’s attention to the earlier round of proceedings i.e. WP(C) No.1594/2020 wherein, the petitioner was given liberty to pay an initial amount of Rs.50,000/- and then to liquidate the rest of the outstanding amount within 6(six) months from 17.03.2020. He further drew the Court’s attention to the proceedings taken by the DRT, which

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Page No.# 3/3

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indicates that the petitioner has failed to make the payment in the terms recorded of the order dated 17.03.2020.

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In view of the prevailing facts and circumstances, we are of the firm opinion that the instant writ petition is not maintainable as held by the Hon’ble Supreme Court in the case of M/s. South Indian Bank Ltd. & Ors. v. Naveen Mathew Philip & Anr. [Civil Appeal No.2861-2862/2023, decided on 17.04.2023] and the remedy if any for the petitioner would be to seek redressal before the DRT/DRAT as per law.

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Hence the writ petition is dismissed as being not maintainable.

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Sd/- Mitali Thakuria Sd/- Sandeep Mehta JUDGE CHIEF JUSTICE

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Comparing Assistant

Arijit Saikia v. the Assam Gramin Vikash Bank and 2 Ors.

Case brief

What is this about?

What did the court decide?

Arijit Saikia v. the Assam Gramin Vikash Bank and 2 Ors.

Case brief

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What did the court decide?

What the court decided

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Issues for consideration

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