Dhruba Jyoti Hazarika v. State Bank of India and 4 Ors

PageoNo.#o1/4 GAHC010218722024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5311/2024o DHRUBAoJYOTIoHAZARIKAo S/O-oLATEoDHARMAoKANTAoHAZARIKA,o R/O-oAMRITPURoROAD,oOPP.oDISPURoHOSPITAL,oGANESHGURI,o GUWAHATI,oASSAM VERSUSo STATEoBANKoOFoINDIAoANDo4oORSo REP.oBYoITSoCHIEFoMANAGER,o STRESSEDoASSETSoRECOVERYoBRANCH,o(SARB),oGIRISHoMANSION,oMRDo ROAD,oBAMUNIMAIDAM,oGUWAHATI-21,oDIST-oKAMRUPo(M),oASSAM 2:STATEoBANKoOFoINDIA oREP.oBYoITSoBRANCHoMANAGER oCOMMERCIALoBRANCH oB.KoTOWER oGANESHGURI oGUWAHATI-06 oDIST-oKAMRUP(M) oASSAM 3:THEoREGIONALoMANAGER oSTATEoBANKoOFoINDIA o COMMERCIALoBRANCH oBHANGAGARH o oGUWAHATI-05 oDIST-oKAMRUP(M) oASSAM 4:THEoAUTHORIZEDoOFFICER oSTATEoBANKoOFoINDIA Page No.# 2/4

COMMERCIAL BRANCH B.K TOWER GANESHGURI GUWAHATI-06 DIST-KAMRUP(M) ASSAM 5:DISTRICT MAGISTRATE KAMRUP(M) O/O THE DISTRICT MAGISTRATE

GUWAHATI-01 DIST-KAMRUP(M) ASSA For petitioner/appellant(s) : Mr. N. Das, Advocate

Ms. A. Das, Advocate

Ms. S. Sharma, Advocate For respondent(s) : Mr. N. Das, Govt. Advocate

– BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KARDAK ETE

21.10.2024 (Vijay Bishnoi, CJ) This writ petition is filed by the petitioner with a prayer to direct the respondent Bank to stay the execution and operation of notice dated 27.09.2024 issued under Section 14 of the SARFAESI Act until final disposal of the appeal filed by the petitioner and is pending before the Debts Recovery Appellate Tribunal, Kolkata. In alternative, the petitioner has also prayed that a writ in the nature of certiorari be issued and the notice dated 27.09.2024 issued under Page No.# 3/4 Section 14 of the SARFAESI Act by the District Magistrate, Kamrup(M) Guwahati may be quashed and set aside.

¶2It is to be noted that the application filed by the petitioner before the Debt Recovery Tribunal, Guwahati under Section 17 has been dismissed on

26.08.2024. Against the said dismissal, the petitioner has the remedy to approach the Debts Recovery Appellate Tribunal by filing an appeal under Section 18 of the Securitisation Act and the petitioner has already availed the said remedy.

¶3It is contended by the learned counsel for the petitioner that since the Debts Recovery Appellate Tribunal, Kolkata is closed on account of Puja up to 1st November, 2024, this Court may grant indulgence and restrain the respondent Bank to take any coercive act against the petitioner till 1st November, 2024.

¶4Having heard the learned counsel for the petitioner and after going through the materials available on record, we are of the view that no such indulgence can be granted by this Court while exercising extra ordinary jurisdiction when the statutory appeal filed by the petitioner is already pending consideration before the Debts Recovery Appellate Tribunal, Kolkata.

¶5The petitioner is free to approach the Debts Recovery Appellate Tribunal, Kolkata by moving appropriate application for urgent hearing of the appeal Page No.# 4/4 preferred by him during the puja vacation.

¶6Hence, we are not inclined to entertain the petition and accordingly, the same is dismissed. JUDGE CHIEF JUSTICE

Comparing Assistant