Dismissed

Atikur Rahman v. the LIC Housing Finance Ltd. and Anr.

Gauhati HC19 Feb 2024WP(C)/8/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed against a notice under section 13(2) of the SARFAESI Act, holding that issuance of such notice does not attract judicial intervention. The Court also refused the prayer to regularize the loan account.

What did the court decide?

Petitioner aggrieved by notice under section 13(2) SARFAESI Act; dismissed. Petition to regularize loan account dismissed.

Atikur Rahman Vs the LIC Housing Finance Ltd. and Anr. — Banking and Recovery | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010000092024

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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)/8/2024

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ATIKUR RAHMAN SON OF LATE ABIDOUR RAHMAN R/O- HOUSE NO. 22, G.S. ROAD, NEAR INTERNATIONAL HOSPITAL, DIST.- KAMRUP(M), ASSAM, PIN- 781005.

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VERSUS

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THE LIC HOUSING FINANCE LTD. AND ANR A HOUSING FINANCE COMPANY, HAVING ITS REGD. OFFICE AT BOMBAY LIFE BLDG., 2ND FLOOR, 45/47, VEER NARIMAN ROAD, FORT, MUMBAI- 400001 AND ONE OF ITS BACK OFFICE AT 2ND FLOOR, JEEVAN NIVESH BUILDING, LAKHTOKIA POINT, PANBAZAR, GUWAHATI, PIN- 781001 (ASSAM).

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2:THE MANAGER/ AUTHORISED OFFICER THE LIC HOUSING FINANCE LTD. OF THE GUWAHATI BACK OFFICE

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ADDRESS- 2ND FLOOR JEEVAN NIVESH BUILDING

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LAKHTOKIA POINT PANBAZAR GUWAHATI

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PIN- 781001 (ASSAM)

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Page No.# 2/3

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Advocate for the Petitioner : MR. S CHAMARIA

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Advocate for the Respondent : MR. H BURAGOHAIN (r-1,2)

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BEFORE

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HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 20/02/2024 Vijay Bishnoi, CJ

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This writ petition has been filed by the petitioner essentially being aggrieved with the notice issued by the respondent financial institution under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( herein after for short SARFAESI Act, 2002) . It is also prayed in the writ petition that the respondents be directed to regularize the default EMI payment and to make both the loan accounts of the petitioner regular. It is further prayed that the respondents be restrained from issuing notice under section 13(4) of the SARFAESI Act, 2002 in respect of attachment of the mortgaged property.

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Having heard the learned counsel for the petitioner and after going through the materials available on record, we are of the view that since the respondent financial institution has only issued a notice under section 13(2) of the SARFAESI Act, 2002, no cause of action arose to the petitioner to approach this Court. Otherwise also, if the respondent financial institution take recourse of section 13(4) of the Act of 2002, the petitioner is free to avail appropriate remedy available to him under the SARFAESI Act, 2002.

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Page No.# 3/3

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Hence, we do not find any merit in this petition and the same is, therefore, dismissed.

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JUDGE CHIEF JUSTICE

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sukhamay

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Comparing Assistant

Atikur Rahman v. the LIC Housing Finance Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Atikur Rahman v. the LIC Housing Finance Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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