M/S Koriphaba Enterprises vs The United Bank Of India
2022 Latest Caselaw 135 Mani

KABOR Digitally
       by
                signed

       KABORAMBAM
AMBAM SAPANA
                                                                  Item No. 33 & 34
SAPANA CHANU
       Date:
CHANU 2022.04.08
       13:53:00 +05'30'
                             IN THE HIGH COURT OF MANIPUR
                                       AT IMPHAL

                          MC (WP(C)) No. 55 of 2020 With
                                WP(C) No. 43 of 2020
         M/S Koriphaba Enterprises                   .... Petitioner/s
          - Versus -
         The United Bank of India                   .... Respondent/s

BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 08.04.2022

Heard Mr. N. Abhi, learned counsel appearing for the petitioner and Mr. L. Gunindro, learned counsel appearing for the respondent.

When the matter is taken up, the counsel for the respondent vehemently submitted that the present writ petition is not at all maintainable as there is an alternative remedy available under section 17 of the SARFAESI Act and in view of the, Judgment rendered by the Apex Court in the case of "State Bank of Travancore Vs. Mathew K.C." reported in (2018) 3 SCC 85 (Para

55) and submitted that the present writ petition deserves to be dismissed outright as being not maintainable.

On perusal of the record, this Court also found that the petitioner has been given ample opportunity to repay the loan amount on his request. However, despite the liberal approach of this Court, the petitioner failed to repay the loan amount till today.

The learned counsel for the petitioner again seeks one week's time on the ground that the petitioner has personal difficulty.

This Court is of the considered view that adjournment sought by the petitioner time and again cannot be entertained indefinitely. However, considering the personal difficulty as submitted by the counsel for the petitioner, let these cases be listed again on 12.04.2022 and on which date appropriate order will be passed.

It is made clear that no further adjournment will be granted on the next date.

JUDGE

Sapana