UJJAL KUMAR DAS Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Whether or not a secured creditor, which has initiated action for enforcement of its security interest in terms of the provisions of the Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 (hereafter the SARFAESI Act), is entitled to publish the photograph(s) of the defaulting borrower(s)/guarantor(s) in newspapers/magazines etc. is the common question that arises for an answer on these two writ petitions. In view thereof, these two writ petitions were heard one after the other and shall stand disposed of by this common judgment and order.

(2.) Mr. Banerjee and Mr. Tiwari, learned advocates representing the two sets of petitioners contended that publication of photograph(s) of the defaulting borrower(s) and guarantor(s) as a measure for recovery of the secured debt does not enjoy legislative sanction and, therefore, the secured creditors may be permanently restrained from proceeding in that direction.

(3.) Mr. Sinha, learned advocate representing the secured creditor in W.P. 10315(W) of 2013 relied on the decisions of the Madhya Pradesh and Madras High Courts, Ku. Archana Chauhan v. State Bank of India, Jabalpur, 2007 AIR(MP) 45 and Mr. K.J. Doraisamy v. the Assistant General Manager, State Bank of India, Erode Branch, 2007 136 CompCas 568 : respectively to urge that the point raised by the petitioners in these two writ petitions is no longer res integra. Both the Courts have, in unambiguous terms, held that publication of photographs of the defaulting borrowers is not prohibited by the SARFAESI Act and, therefore, cannot be held to be impermissible.