AKHIL BANDHU SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner invoked the writ jurisdiction of this Court feeling aggrieved by measures taken by the Branch Manager, State Bank of India, Ektiasal Branch, respondent no. 8, in terms of provisions contained in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the SARFAESI Act). The writ petition was dismissed on September 24, 2004, reserving the liberty of the petitioner to apply before the tribunal under Section 17 of the SARFAESI Act. However, the bank was directed to release the household articles of the petitioner. Several contempt proceedings followed thereafter initiated by the petitioner, but the same were disposed of without granting effective relief to him.

(2.) A second round of litigation started with the presentation of a further writ petition. That was dismissed on July 4, 2008 on the ground that the earlier writ petition had been dismissed with liberty to the petitioner to approach the tribunal. The writ appeal preferred against such order was also dismissed on September 25, 2008, granting liberty to the petitioner to seek remedy in accordance with law.

(3.) A further writ petition, the third in the series, was presented by the petitioner with a prayer to release movable and immovable assets not hypothecated and mortgaged to the bank, to allow the petitioner to operate his locker and to give appropriate accounts of loan amount upon adjustment of matured value of fixed deposits and for other relief. The writ petition was held to be barred by principles of res judicata by a learned judge of this Court, vide judgment and order dated April 17, 2012. A writ appeal filed against the said judgment and order, however, succeeded. By its order dated April 18, 2013, an Hon'ble Division Bench set aside the order impugned and directed holding of an inquiry by an officer not less than the rank of Deputy General Manager of the Reserve Bank of India (hereafter the RBI). It was observed that in the event the report was favourable to the petitioner, the appropriate authority of the RBI must take appropriate steps.