Atikur Rahman v. The LIC Housing Finance Ltd. and Anr

ORDER Date : 20/02/2024 Vijay Bishnoi, CJ

This writ petition has been filed by the petitioner essentially being aggrieved with the notice issued by the respondent financial institution under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after for short SARFAESI Act, 2002). It is also prayed in the writ petition that the respondents be directed to regularize the default EMI payment and to make both the loan accounts of the petitioner regular. It is further prayed that the respondents be restrained from issuing notice under section 13(4) of the SARFAESI Act, 2002 in respect of attachment of the mortgaged property. Having heard the learned counsel for the petitioner and after going through the materials available on record, we are of the view that since the respondent financial institution has only issued a notice under section 13(2) of the SARFAESI Act, 2002, no cause of action arose to the petitioner to approach this Court. Otherwise also, if the respondent financial institution take recourse of section 13(4) of the Act of 2002, the petitioner is free to avail appropriate remedy available to him under the SARFAESI Act, 2002. Page No.# 3/3 Hence, we do not find any merit in this petition and the same is, therefore, dismissed.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010000092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8/2024o ATIKURoRAHMANo SONoOFoLATEoABIDOURoRAHMANo R/O-oHOUSEoNO.o22,oG.S.oROAD,o NEARoINTERNATIONALoHOSPITAL,o DIST.-oKAMRUP(M),oASSAM,o PIN-o781005. VERSUSo THEoLICoHOUSINGoFINANCEoLTD.oANDoANRo AoHOUSINGoFINANCEoCOMPANY,o HAVINGoITSoREGD.oOFFICEoAToBOMBAYoLIFEoBLDG.,o 2NDoFLOOR,o45/47,oVEERoNARIMANoROAD,o FORT,oMUMBAI-o400001o ANDoONEoOFoITSoBACKoOFFICEoATo2NDoFLOOR,oJEEVANoNIVESHo BUILDING,o LAKHTOKIAoPOINT,oPANBAZAR,oGUWAHATI,o PIN-o781001o(ASSAM). 2:THEoMANAGER/oAUTHORISEDoOFFICER oTHEoLICoHOUSINGoFINANCEoLTD. oOFoTHEoGUWAHATIoBACKoOFFICE o ADDRESS-o2NDoFLOOR oJEEVANoNIVESHoBUILDING o LAKHTOKIAoPOINT oPANBAZAR oGUWAHATI o PIN-o781001 o(ASSAM)o Page No.# 2/3 Advocate for the Petitioner : MR. S CHAMARIA Advocate for the Respondent : MR. H BURAGOHAIN (r-1,2) BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM