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2025 DAILYLAW 25228 (GAU)

JANMI RAM KEOT v. STATE BANK OF INDIA AND 3 ORS

WP(C)/6763/2025 · 2025-11-27

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010257212025 2025:GAU-AS:16482 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6763/2025 JANMI RAM KEOT S/O- LATE JALI RAM KEOT, P.O. SILGHAT, DIST. NAGAON, ASSAM, PIN- 782143. VERSUS STATE BANK OF INDIA AND 3 ORS HAVING ITS HEAD OFFICE AT DEBDAS KAMLLEG BLOCK, SYNERGY BUILDING, BANDRA KURLA COMPLEX, BANDRA EAST (BEHIND NATIONAL STOCK EXCHANGE), MUMBAI-400051. 2:THE ZONAL MANAGER STATE BANK OF INDIA GUWAHATI ZONE HAVING ITS OFFICE AT 6TH FLOOR SWAGATA SQUARE ABC POINT BHANGAGARH GUWAHATI-781005. 3:BRANCH MANAGER STATE BANK OF INDIA SONAKUCHI HPCL BRANCH P.O. JAGIROAD DIST. MORIGAON ASSAM PIN- 782410. 4:RAJU DAS C/O STATE BANK OF INDIA SONAKUCHI HPCL BRANCH P.O. JAGIROAD Page No.# 2/4 DIST. MORIGAON ASSAM PIN- 782410 For the Petitioner(s) : Mr. D. P. Borah, Advocate For the Respondent(s) : None appears. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 28.11.2025 Heard Mr. D. P. Borah, the learned counsel appearing on behalf of the Petitioner. 2. Taking into account the order which this Court proposes to pass, this Court dispenses with the service of notice upon the Respondents. 3. It is the case of the Petitioner that the Petitioner had earlier taken a loan of an amount of Rs.3,50,000/- from the State Bank of India, Sonakuchi HPCL Branch, Kagajnagar for purchasing a car. The said loan was regularly paid from 31.10.2013 to 01.04.2017. However, at the time when the Hindustan Paper Corporation Limited (HPCL) was closed in the year 2017, the Petitioner received a settlement offer from the Respondent Bank under a Special Scheme called “Rin Sama” to clear the pending dues for Rs.42,277/-. The Petitioner accordingly made the payment on 01.03.2021 of Rs.42,277/- and in the bank statement, it was shown that the “full amount received for Rin Sama”. In that regard, the Petitioner has enclosed the bank statement pertaining to the loan account as Annexure-3 to the writ petition. Page No.# 3/4 4. It is the further case of the Petitioner that on 11.08.2025, a notice was issued by the Branch Manager of the State Bank of India, Sonakuchi HPCL Branch wherein it has been informed that the Petitioner is to pay another amount of Rs.1,77,415/- on account of the loan account within a period of 15 days failing which the Bank would initiate necessary action to recover the dues including the repossession/seizure of the vehicle and eventually sell off in public auction/private treaty for satisfaction of the Bank’s dues. 5. It is seen that the Petitioner thereupon instead of submitting a representation to the Branch Manager of the State Bank of India, Sonakuchi HPCL Branch have directly approached this Court on the ground that the Respondent Authorities could not have issued the said communication dated 11.08.2025 and also the Petitioner being a pensioner, his account cannot also be attached. It is the opinion of this Court that the Petitioner ought to have first approached the Respondent Authorities by way of representation to the communication dated 11.08.2025 thereby explaining all such facts along with the documents. Thereupon, if the Petitioner is aggrieved, the Petitioner can again approach this Court. 6. Taking into account the above, Mr. D. P. Borah the learned counsel appearing on behalf of the Petitioner submitted that the Petitioner would submit a representation within 7 days from today. It is observed that if the Petitioner submits any representation, the Respondent Authorities shall duly consider the same taking into account the facts already narrated hereinabove. 7. It is further observed that in the circumstance the Petitioner is Page No.# 4/4 aggrieved, the Petitioner can again approach this Court. 8. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant