RANADHIR CHOKROBORTY Vs. UCO BANK AND ANR.

JUDGEMENT

(1.) THIS is an appeal filed under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SRFAESI Act'), against the action taken by UCO Bank under Section 13(4) of the 'SRFAESI Act'.

(2.) THE precise contention of the appellant is that while initiating action under Section 13(4) of 'SRFAESI Act', respondent UCO Bank has not strictly followed the provisions of the Act and the Security Interest (Enforcement) Rules, 2002. It is his case that while the appellant was under medical treatment at Kolkata, by breaking the lock and key, his house and house -hold articles have been taken in possession by respondent Bank. Appellant strenuously contended that under Proviso (a) of Section 60(1) of the Code of Civil Procedure, 1908, the necessary wearing apparel, cooking vessels, clothes, beddings, etc. shall not be liable for attachment and sale.

(3.) THE respondent Bank has admitted that the house -hold items are not secured or charged to them. It is their case that the Account was declared as NPA on 30.6.2004. Respondent Bank had issued notice under Section 13(2) on 9.6.2005 asking the appellant to pay a sum of Rs. 26,72,371 with interest and cost. Since the dues were not paid within 60 days, the flat in question along with house -hold goods was taken over possession under Section 13(4) of 'SRFAESI Act' on 22.2.2006. It has been stated that Bank had issued a letter on 5.9.2006 to the appellant to take back house -hold goods as per inventory prepared during attachment.