MUKUT KALITA Vs. HDFC BANK LTD

JUDGEMENT

(1.) Heard Mr. I Choudhury, the learned senior counsel assisted by Mr. A Chowdhury, the learned counsel appearing on behalf of the petitioner and Mr. M Sharma, learned counsel appearing on behalf of the respondent, HDFC Bank Ltd.

(2.) This is an application under Article 227 of the Constitution challenging the order dtd. 27/4/2022 passed by the Court of the Additional District Judge No.1, Kamrup (M) in Money Execution Case No.241/2016, whereby the objection filed by the petitioner was rejected. By way of the instant proceedings, the petitioner had also challenged the Money Execution Case No.241/2016.

(3.) The facts of the instant case is that the one Santanu Narayan Bora (since deceased) had taken a loan from the respondent Bank on 28/8/2012 amounting to Rs.9,50,000.00for purchase of a vehicle i.e., Eicher 11.10 HD RHDH bearing Registration No.AS-01-EC-0592. For the purpose of securing the said loan, late Santanu Narayan Bora had requested the petitioner to be the guarantor for the said loan. The petitioner being acquainted with late Santanu Narayan Bora agreed to such request and accordingly became the guarantor of the loan amount of Rs.9,50,000..00 Accordingly, an agreement was executed between late Santanu Narayan Bora and the respondent Bank on 28/8/2012, wherein the petitioner stood as a guarantor.