THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE CHIEF CUM BRANCH MANAGER
Case at a glance
- Bench
- SUDHANSHU DHULIA, KAKHETO SEMA
Outcome
Dismissed
The writ petition is dismissed in limine
Provisions considered
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2052/2022 MD. ABDUL HASSAN S/O. ABDUL SALAM HAVING HIS RESIDENCE AT NABAJYOTI PATH, A.T. ROAD, NALIAPOOL, P.O. DIBRUGARH 786001, ASSAM. VERSUS THE CHIEF CUM BRANCH MANAGER, UCO BANK, MANKOTA BRANCH, MILAN NAGAR, P.O. C.R. BUILDING, DIBRUGARH, SILCHAR-786001. Advocate for the Petitioner : MR I S MAZUMDAR Advocate for the Respondent : – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON’BLE MR. JUSTICE KAKHETO SEMA
24.03.2022 The matter is taken up through video conferencing. Heard Mr. I.S. Mazumdar, learned counsel for the petitioner. The petitioner had taken a loan from the respondent Bank, which could not be repaid in time and consequently, proceedings were initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction Page No.# 2/2 of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Notices have already been issued to the petitioner under Section 13 of the SARFAESI Act and symbolic possession of the mortgaged property has already been taken. The mortgaged property is to be sold in auction tomorrow itself, i.e.
Operative part
25.03.2022. Section 17 of the SARFAESI Act provides a statutory remedy to the petitioner to approach the Debts Recovery Tribunal. We, therefore, refrain to interfere in the matter. The writ petition is dismissed in limine. JUDGE CHIEF JUSTICE Comparing Assistant
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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