Abu Taleb v. Punjab National Bank and 3 Ors

O R D E R

01.02.2024 (L.S. Jamir, C.J(Acting)

Heard Mr. N. H. Laskar, learned counsel for the petitioner. Also heard Mr. A. Dhanuka, learned counsel, Punjab National Bank for all the respondents.

¶2The petitioner took a Term Loan of Rs. 4,80,000/- (Rupees four lakhs eighty thousand) only bearing Account No. 1866300002813 and another Term Loan of Rs.50,000/- (Rupees fifty thousand) only bearing Account No.1866300002073 totaling to an amount of Rs.5,30,000/-(Rupees five lakhs thirty thousand) only. The petitioner was paying the interest amount till the onset of Covid-19. Thereafter, as there were some problems with his business, he defaulted in paying the interest loan and accordingly, the respondent bank issued Sale Notice for sale of immovable property on 28.11.2023 for an amount of Rs.4,24,728.31/- (Rupees four lakhs twenty four thousand seven hundred twenty eight and paise thirty one) only. Thereafter, the respondent bank issued Page No.# 3/4 another Sale Notice for sale of immovable property dated 30.11.2023 only on the basis of "As is where is", "As is what is" and "Whatever there is".

¶3When this matter was heard on 21.12.2023, the learned counsel for the petitioner submitted that the petitioner is willing to pay 25% of the outstanding due on or before the 2nd of January, 2024. Accordingly, this Court directed the petitioner to pay 25% of the outstanding due to the respondent bank on or before 2nd of January, 2024 and both the sale notices dated 28.11.2023 and

30.11.2023 were suspended.

¶4The petitioner has filed an additional affidavit indicating that the petitioner has paid an amount of Rs.95,500/- (Rupees ninety five thousand five hundred) only in the Account No. 1866300002813 on 30.12.2023 and an amount of Rs. 14,500/- (Rupees fourteen thousand five hundred) only in the Account No. 1866300002073.

¶5The learned counsel for the petitioner submits that the petitioner would be filing a representation for one time settlement before the respondent bank for consideration of the bank.

¶6In view of the above, this writ petition is disposed of directing the petitioner to make an application for one time settlement before the respondent No.3/ Chief Manager, Authorized Officer of Punjab National Bank, Circle SASTRA Centre, Nagaon within a period of 10(ten) days from today. Thereafter, the respondent bank shall consider the application made by the petitioner for one Page No.# 4/4 time settlement and pass appropriate order(s) within a period of 15(fifteen) days from the date of receipt of the application.

¶7With the above observations and directions, this writ petition is disposed of.

JUDGE CHIEF JUSTICE (ACTING) Comparing Assistant

PageoNo.#o1/4 GAHC010290882023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7523/2023o ABUoTALEBo S/O-oJAYNALoABDIN,oVILL.oANDoP.O.oNAPAM,oPS.oTEZPUR,oDIST-o SONITPUR,oPIN-o784028,oASSAM VERSUSo PUNJABoNATIONALoBANKoANDo3oORSo HAVINGoITSoREGISTEREDoHEADoOFFICEoAToPLOToNO.o4,oSECTORo10,o DWARKA,oNEWoDELHI-10075,oREPRESENTEDoBYoITSoCHIEFoMANAGINGo DIRECTOR. 2:THEoZONALoMANAGER oPUNJABoNATIONALoBANK oNILGIRIoMANSION oG.S.oROAD oBHANGAGARH oGHY-781005. 3:CHIEFoMANAGER oAUTHORIZEDoOFFICERoOFoPUNJABoNATIONALoBANKoCIRCLEoSASTRAo CENTRE oNAGAON oHALADHARoBHUYANoMARKET oNAGAON-o782003 oASSAM 4:THEoMANAGER oPUNJABoNATIONALoBANK oNAPAM Page No.# 2/4 TEZPUR UNIVERSITY CAMPUS SONITPUR-784028 Advocate for the Petitioner : MR. N H LASKAR Advocate for the Respondent : SC, PNB BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. LANUSUNGKUM JAMIR HON'BLE MR. JUSTICE KARDAK ETE