Sorhab Ali v. the Central Bank of India
Case brief
What is this about?
SARFAESI Act, 2002 — Section 13(2) notice — equitable mortgage schedule — attachment of non-mortgagor inherited property — Central Bank of India, Mangoldoi Branch — loan of M/s Matri Bhander — Bank has no jurisdiction under SARFAESI over land outside the mortgage schedule (Dag Nos. 20,25,42 & 50, Myadi Patta Nos. 165 & 86, Vill-Bhetpukhuri, Mouza-Siyalmari) — demarcation permissible through Circle Officer under Section 14 — alternative remedy under Section 17 noted — writ petition closed. WP(C)/204/2018, Gauhati High Court, decision 19-03-2025, Arun Dev Choudhury, J.
What did the court decide?
Observation that the petitioners' land is not covered under the mortgaged schedule in the Section 13(2) notice and that the Bank has no jurisdiction under the SARFAESI Act, 2002 over the land under Dag Nos. 20,25,42 & 50, Myadi Patta Nos. 165 & 86, Vill-Bhetpukhuri, Mouza-Siyalmari; writ petition stands closed, with liberty for the Bank to have the petitioners' land demarcated through the concerned Circle Officer under Section 14 while taking possession under Section 13(2).