(1.) BY means of this petition, the petitioner who stood as the guarantor against the Cash Credit Account (CC Account) of M/s Lokenath Bricks Industries, the borrower in short, vide Account No.30694290138, having credit -limit of Rs.10,00,000 has urged this court to restrain the respondents No. 1 and 3 from selling his property, the part of the secured asset before exhausting all measures to realise the outstanding amount to the extent of Rs.10,45,733 as on 30.04.2012 from the borrower. The petitioner had also approached this court previously by filing a petition under Article 226 of the Constitution of India, being W.P.(C) No.06/2013. By the order dated 09.01.2013, the said petition was disposed of in terms of the decision in Amulya Lal Chowdhury Vs. Tripura Industrial Development Corporation Ltd. & Anr., reported in (2007) 3 GLR 776.
(2.) IN Amulya Lal Chowdhury (supra), the Gauhati High Court has held that :
(3.) THE grievance of the petitioner in this petition is that by the communication dated 28.01.2013 (Annexure -VII to the writ petition), such prayer of the petitioner has been turned down and the petitioner has been apprised as under: