Sagar Saikia and Anr v. Idbi Bank and 2 Ors

ORDER

09.02.2024

The instant writ petition has been filed by the petitioner seeking a direction upon the respondent Bank and, more specifically, the respondent No.2 to enable the petitioner to deposit Rs.10,31,812/- within 31.08.2012 and further to direct the respondent Bank to mutually discuss and settle the remaining payment of the liability of the petitioner towards the respondent Bank. It appears from the records that a judgment had been passed by the learned Debt Recovery Tribunal (for short, DRT), Guwahati on 30.03.2016 in OA No.120/2013, wherein a recovery certificate was issued in favour of the respondent Bank for a sum of Rs.23,32,130.36/- along with interest, pendent elite and future interest @ 13.50% per annum with quarterly rests till realization. Thereupon, the records do not reveal that the said judgment of the learned DRT, Guwahati has not been put to challenge. On the other hand, on

14.07.2016, a certificate has been issued against the petitioner for an amount of Rs.35,08,513.20/-. Under such circumstances, it is the opinion of this Court that the question of issuance of appropriate directions upon the respondent Bank to accept the particular amount and to mutually settle the dispute with the petitioner cannot Page No.# 3/3 be issued in exercise of the jurisdiction under Article 226 of the Constitution of India. Accordingly, the instant writ petition, therefore, stands dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010166402018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5099/2018o SAGARoSAIKIAoANDoANR.o PROPRIETORoOFoM/SoGOODoFOODSoCO,oS/O.oLT.oTARAoPRASADoSAIKIA,o R/O.oHOUSEoNO.o16,oHONEYoDEW,oPROGOTIoPATH,oRUPNAGAR,o GUWAHATI-781032. 2:oSMT.oSABITAoSAIKIA oPROPRIETORoOFoM/SoGOODoFOODSoCO oW/O.oSAGARoSAIKIA oR/O.oHOUSEoNO.o16 oHONEYoDEW oPROGOTIoPATH oRUPNAGAR oGUWAHATI-781032o VERSUSo IDBIoBANKoANDo2oORS.o IDBIoTOWER,oWTCoCOMPLEXoCUFFEEoPARADE,oMUMBAI-400005. 2:IDBIoBANK oGUWAHATIoMAINoBRANCH oG.S.oROAD oGUWAHATI-781005. 3:THEoLEARNEDoRECOVERYoOFFICER oHONORABLEoDEBToRECOVERYoTRIBUNAL oGHY.-03 oFIRSToFLOOR oAPSARAoBUILDING oDR.oBoBARUAHoROADoGUWAHATI-78100o Page No.# 2/3 Advocate for the Petitioner : MR. S MITRA Advocate for the Respondent : MR. S DUTTA (R1 & R2) BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH