Biswajit Ghosh Mining And Movers vs Hdfc Bank & Anr
2023 Latest Caselaw 6383 Cal

21.09.2023
    PB
Sl. No.16.


             WPA 14124 of 2023


             Biswajit Ghosh Mining and Movers
                       Vs
             HDFC Bank & Anr.



             Mr. P. S. Bhattacharyya,
             Mr. Supratim Dhar,
             Mr. Raju Bhattacharya,
             Ms. Sinthia Bala.
                          ... For the Petitioner.

             Ms. Soni Ojha.
                        .......for the Bank.



                     Heard learned advocates appearing for the

             parties.

                     By this writ petition, petitioner has challenged

             the impugned notice under Section 13(2) of the

             SARFAESI Act, 2002, issued against the petitioner for

             recovery of the bank loan of the respondent HDFC

bank.

Learned advocate appearing for the respondent

bank vehemently opposes this writ petition by taking

the point of maintainability of this writ petition by

relying on a judgment of the Hon'ble Supreme Court in

the case of South Indian Bank Ltd. & Ors. Vs. Naveen

Mathew Phillip & Anr. reported in 2023 SCC Online

SC 435. Without going into the issue of maintainability

of the writ petition, considering the facts which

appears from record that against the impugned notice,

petitioner has already written a letter to the

respondent bank on 19th May, 2023, praying for

granting of six months time to repay the loan in

question with interest and it also appears from record

that the respondent bank in response to the aforesaid

letter of the petitioner has issued letter to the

petitioner on 6th June, 2023, informing him that his

said proposal for settlement will be considered by the

authority and decision shall be communicated and

also taking into consideration the statement made by

Mr. Bhattacharyya, learned senior advocate

representing the petitioner that the petitioner is ready

and willing to fulfil the commitment made by him by

his letter dated 19th May, 2023, at present, I am

inclined to pass the order that petitioner shall come up

before this Court with a demand draft of 50% of the

demand indicated in the aforesaid notice dated 23rd

March, 2023, under Section 13(2) of the Act by 27th

September, 2023 and on the said date he shall file an

undertaking in the form of an affidavit for making

balance 50% of the aforesaid demand by 15th

December, 2023 positively.

List this matter on 27th September, 2023, for

further consideration and for granting any stay of the

impugned proceeding, subject to the fulfilment of the

condition indicated hereinabove.

( Md. Nizamuddin, J.)