M/S Manasarowar Agro Trades And ... vs The Union Bank Of India And 3 Ors
2021 Latest Caselaw 2563 Gua

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GAHC010159782021




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

                       Case No. : WP(C)/5520/2021

         M/S MANASAROWAR AGRO TRADES AND PROCESSING PVT LTD
         REP. BY ITS AUTHORIZED DIRECTOR MR. KHUMUKCHAM BANIKANTA
         SINGH, S/O. LT. K. H. MUKTA SINGH REGD. OFFICE AT HATISILLA,
         KHANKAR GAON, CHANDRAPUR ROAD, GUWAHATI-781150, DIST.
         KAMRUP (M), ASSAM.



         VERSUS

         THE UNION BANK OF INDIA AND 3 ORS
         MAIDAMGAON BRANCH, TAHBILDAR BUILDING, BASISTHA ROAD,
         BELTOLA, GUWAHATI-781029, KAMRUP (M), ASSAM.

         2:THE DGM (REGIONAL HEAD)
          UNION BANK OF INDIA
          CHANDMARI
          GUWAHATI-781003
          KAMRUP (M)
         ASSAM.

         3:THE CHIEF MANAGER AND AUTHORISED OFFICER

          THE UNION BANK OF INDIA
          MAIDAMGAON BRANCH
          TAHBILDAR BUILDING
          BASISTHA ROAD
          BELTOLA
          GUWAHATI-781029
          KAMRUP (M)
          ASSAM.

         4:THE CHIEF/BRANCH MANAGER
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               THE UNION BANK OF INDIA
               MAIDAMGAON BRANCH
               TAHBILDAR BUILDING
               BASISTHA ROAD
               BELTOLA
               GUWAHATI-781029
               KAMRUP (M)
               ASSAM

Advocate for the Petitioner   : MR. S SAHU

Advocate for the Respondent :




                                    BEFORE
                  HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
                     HONOURABLE MR. JUSTICE KAKHETO SEMA

                                       JUDGMENT

Date : 27.10.2021 (P.K.Deka,J)

Heard Mr. S. Sahu, learned counsel for the petitioner.

The petitioner was enjoying the benefit of term loan and a cash credit account from the respondent bank which as per submission of Mr. Sahu was regular to the satisfaction of the bank. Due to the situation arising out of COVID

-19 there were some irregularities in maintaining the loan account. The respondent Union Bank of India vide letter dated 21.4.2021 invoked its jurisdiction u/s 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) demanding to pay a sum of Rs.

1,24,63,656.19 within a period of 60(sixty) days from the date of receipt of said notice failing which it was informed to take further action under the said Act 2002.Thereafter as stated by Mr. Sahu due to the said situation arising out of the COVID-19 a representation in terms of Section 13(3A) of the SARFAESI Act, 2002 was submitted on 12.8.2021. As there was no response a similar Page No.# 3/3

representation was made by the petitioner on 22.9.2021. Both the said representations were duly accepted and acknowledged by the bank officials. The respondent Bank issued possession notice in exercise of power conferred u/s 13(12) read with Rule 3 of the Security Interest Enforcement Rules, 2002 dated 24.9.2021. It is submitted by Mr. Sahu that prior to the issuance of the impugned notice dated 24.9.2021 the respondent bank failed to reply as against the representation dated 22.9.2021 which is mandatory in nature in order to inform the reasons to the petitioner for non acceptance of the representation of the borrower. Being aggrieved the petitioner has preferred this writ petition challenging the action initiated by the respondent Union Bank of India. In view of the same let notice be issued. The petitioner shall take steps on the respondents within a period of three days from today by way of registered post A/D. The notices are made returnable on 15.11.20212.

Till the next date status quo as on date in respect of the proceedings under SARFAESI Act, 2002 shall be maintained.

                       JUDGE            JUDGE




Comparing Assistant