Tripura High Court
Sri Bikash Roy vs The Chairman on 6 February, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
WP(C) No.83 of 2024
Sri Bikash Roy
.....Petitioner
-V-E-R-S-U-S-
The Chairman, Tripura Gramin Bank & Others
.....Respondents
For Petitioner(s) : Mr. A. K. Pal, Advocate.
For Respondent(s) : Mr. P. Saha, Advocate.
Date of hearing and
Judgment and order : 06.02.2024
HON'BLE MR. JUSTICE T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
_F_I_N_A_L_O_ R_ D_ E_ R_
[T. Amarnath Goud, J]
Heard Mr. A. K. Pal, learned counsel appearing for the petitioner
also heard Mr. P. Saha, learned counsel appearing for the respondents.
The present petition has been filed under Article-226 of the
Constitution of India challenging the notice against the borrower i.e. the petitioner
vide reference dated 18.07.2023 issued by the respondent No.4 for recovery of
loan amount Rs.13,99,679/-.
The petitioner has prayed for the following reliefs:
"(i) Admit the writ petition of the petitioner.
(ii) Issue notice upon the respondents;
(iii) Call for the relevant records from the custody of the respondents:
(iv) After hearing all the parties, Your Lordship would be kind enough to set
aside/quashed/cancel the notice for borrower dated 18/07/2023 (Annexure-B
to the writ petition) issued by the respondent no. 4.. Authorised Officer of the
respondents bank against the petitioner for fair ends of justice.
(v) The petitioner also prays before the Hon'ble High Court to restrained the
respondents bank not to sell out their mortgaged homestead land and dwelling
hut of the father and mother of the petitioner to any.
(vi) Other persons till completion of the repayment of the loan amount of Rs.
13,99,679/- to the respondents bank for fair ends of justice;
(vii) The petitioner also prays before the Hon'ble High Court to stay the
operation of the notice for borrower dated 18/07/2023 till completion of the
writ petition and not to proceed to sell the mortgaged landed property of the
petitioner i.e. his father and mother.
(viii) The petitioner also prays before the Hon'ble High Court seeking
direction against the respondents bank to allow 1(one) year time to the
petitioner for repayment of his principle loan amount to the respondents bank
for fair ends of justice."
The facts in brief are that the petitioner is a business man and he
took a CC loan from the respondents bank for starting a dealership business at
Maharajganj bazaar for selling mosquito coil and in this regards, the petitioner
obtained a CC loan limit up to Rs.10 to 14 laks in the year 2019 from the
respondent bank. Thereafter, the petitioner deposited the amount in the bank
account of one dealership company namely A.M. Homecare Products at behind of
FCI go-down Maiher bye-pass road, Satna (Madhya Pradesh) State for supplying
mosquito coil to his business centre of petitioner at M.G. Bazar. But after getting
the said amount from the petitioner, the said company stopped the supply of the
mosquito coil to the petitioner for his dealership business, as a result the petitioner
has been suffering huge loss of business and he is not in a position to repay his
loan installments time to time to the respondents bank, as a result the bank
declared his CC account as NPA.
Thereafter, the petitioner requested the respondent bank to get some
time for making repayment the loan amount within six months from the date of
issue of the notice for sellout his mortgaged homestead land including dwelling
hut by the respondents bank, that it is mentioned that the petitioner has cleared his
interest on the said loan up to December, 2023, but due to financial crisis he did
not able to make repayment of his loan amount to the respondent bank and hence
the petitioner filed this writ petition before this Court for seeking directions
against the respondent bank not to sell the mortgaged land of the father and mother
of the petitioner and to give 1 (one) year time for repayment of the entire loan
amount of Rs.13.99,679/- to the bank and the petitioner also seeking direction
against the respondents to stop the operation of the borrower for notice dated
18/07/2023 till disposal of the writ petition.
Mr. A. K. Pal, learned counsel appearing for the petitioner has
submitted that the petitioner including his family have been suffering due to
mental pressure creating by the respondent-bank. The engaged anti social persons
and their agents several time threatened the petitioner and his family members to
vacate the mortgaged homestead land. The petitioner undertakes that he will repay
the entire loan amount to the respondent-bank within one year from the date of
filing of this writ petition.
In view of above and having heard the learned counsel appearing for
the parties we are of the view that the present writ petition has been filed assailing
the notice issued on 18.07.2023 by the respondent bank under Section-13 of the
SARFAESI Act. The petitioner obtained a loan from the respondent bank and
accordingly to the best of this ability has cleared the major portion but still some
amounts are yet to be paid and at this juncture, without considering his amounts
already paid, the bank issued the said notice. He further contended that he is ready
to pay and settle the amounts if reasonable opportunity i.e. one year time is
granted for paying the amount in regular installments and prayed this Court to
come to his protection.
Mr. P. Saha, learned counsel appearing for the respondent-bank has
submitted that the petitioner has not approached before this Court with clean
hands. Hence, the petitioner is liable to pay the amount and he cannot seek any
relief by approaching this Court.
This Court is of the opinion that in the SARFAESI Act the scope of
interference is very limited and more so, the petitioner has not pointed out any
reasons as to why such notice under Section-13 of the SARFAESI Act issued by
the respondent bank should be interfered with. Insofar as other contentions and the
prayers sought for by the petitioner with regard to the amount he has paid and
indulgence for granting him time to pay the amount in installments, cannot be
considered under Article-226 of the Constitution of India. However, it is always
open for the petitioner to approach before the appropriate forum seeking any
redressal.
In that view of the matter, the present writ petition stands dismissed.
As a sequel, miscellaneous application pending, if any, shall stand closed.
B. PALIT, J T. AMARNATH GOUD, J
A. Ghosh
ANJAN Digitally signed by
ANJAN GHOSH
GHOSH Date: 2024.02.09
16:53:14 +05'30'
