LAWS(GAU)-2023-11-64

ATOWAR RAHMAN (MD.) Vs. BANK OF BARODA

Decided On November 23, 2023
Atowar Rahman (Md.) Appellant
V/S
BANK OF BARODA Respondents

JUDGEMENT

(1.) Heard Mr. S. P. Roy, learned counsel for the petitioners and Mr. M. Sharma, learned Standing Counsel, Bank of Baroda, for the respondents.

(2.) Petitioners have filed this writ petition on 22/11/2023 praying to set aside and quash the Possession Notice dtd. 8/11/2023, issued by the respondent No.2, Chief Manager and Authorised Officer, Bank of Baroda, Guwahati Main Branch, M.S. Road, Fancy Bazar, Guwahati, Kamrup (Metro) Assam (Annexure-12 to this writ petition), issued in exercise of the power under Sec. 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, in short) read with Rule 8 of the Security Interest (Enforcement) Rules 2002 (2002 Rules).

(3.) It is contended by the petitioners that - without issuing any prior Notice under Sec. 13(2) of the SARFAESI Act, without furnishing them proper statement of account with relevant rate of interest, the statement of account that was furnished to them includes amount given to some other borrowers, namely M/S. M. B. Construction and that the statement of account furnished by the respondent Bank contained the amount and other financial benefits which the petitioners did not even borrowed and/or availed from the said Bank. Petitioners stated that the authorities in the respondent Bank issued the said Possession Notice dtd. 8/11/2023 in violation of the provisions of the SARFAESI Act, 2002 as well the Security Interest (Enforcement) Rules 2002.