Hiron Bezbaruah v. The Punjab National Bank and 2 Ors

O R D E R

24.01.2024 (L.S. Jamir, C.J(Acting)

Heard Mr. D. Mahanta, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned counsel for the Punjab National Bank.

¶2The petitioner availed three loans from the Punjab National Bank (PNB), Mangaldoi Branch amounting to a sum of Rs. 16,37,000/-. The petitioner thereafter, paid an amount of Rs. 1.5 lakhs in different installments. Thereafter, the petitioner could not pay the interest due to the Covid-19 pandemic and also due to none payment of pending Government bills which were due to him. The PNB, after several reminders issued a sale notice of secured assets dated

31.10.2023, giving notice to public in general and in particular to the borrower and guarantor that the secured assets of the petitioner will be E-Auctioned on

08.12.2023 on the basis of "as is where is", "as is what is" and "whatever there is" for recovery of Rs. 17,26,076.56/-. Being aggrieved with the sale notice dated 31.10.2023, the petitioner is before this Court by way of the present writ petition.

¶3On 07.12.2023 when this matter was taken up, the learned counsel for the Page No.# 3/3 petitioner on instructions assured this Court that the petitioner would pay 50% of the outstanding dues within a period of 45 days w.e.f 07.12.2023. Considering the assurance made by the petitioner, this Court permitted the PNB, Mangaldoi Branch to proceed with the sale notice. However, direction was also issued not to make any confirmation till the next returnable date.

¶4Today, when the matter is taken up, the learned counsel for the petitioner as well as the learned standing counsel, PNB submits that the petitioner has failed to take steps as assured before this Court on 07.12.2023.

¶5Considering that the petitioner has failed to keep his commitment as assured before this Court and also as there is an alternative remedy available to the petitioner we see no reason to keep this writ petition pending and accordingly, the same is dismissed. However, liberty is given to the petitioner to approach the DRT if so advised.

¶6Writ petition is accordingly dismissed.

JUDGE CHIEF JUSTICE (ACTING) Comparing Assistant

Page No.# 1/3 GAHC010272492023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7012/2023 HIRON BEZBARUAH S/O- LATE GHANASHYAM BEZBARUAH, R/O- COLLEGE ROAD, MANGALDOI WARD NO. 10, BHEBHARGHAT, DIST. DARRANG, ASSAM, PIN- 784125. VERSUS THE PUNJAB NATIONAL BANK AND 2 ORS REPRESENTED BY ITS REGIONAL OFFICER, CIRCLE SASTRA CENTRE, GUWAHATI, NILGIRI MANSION, 1ST FLOOR, BHANGAGARH, G.S. ROAD, GUWAHATI, ASSAM, PIN- 781005. 2:THE SENIOR BRANCH MANAGER PUNJAB NATIONAL BANK MANGALDOI BRANCH P.O. MANGALDOI DIST. DARRANG ASSAM 3:THE AUTHORISED OFFICER PUNJAB NATIONAL BANK CIRCLE SASTRA CENTRE NAGAON HALADHAR BHUYAN MARKET NAGAON- 782003 Advocate for the Petitioner : MR D MAHANTA Advocate for the Respondent : SC, PNB Page No.# 2/3 BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. LANUSUNGKUM JAMIR HON'BLE MR. JUSTICE KARDAK ETE