Page No.# 1/5 GAHC010220312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5774/2025 DIPANKAR DEKA S/O.- LATE GOPAL DEKA, VILL.- DAGAON, P.O.- AHATGURI, P.S.- DHARUMTOL, DIST. MORIGAON, ASSAM, PIN.- 782412. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, GENERAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DISTRICT COMMISSIONER MORIGAON RAJAGAON ASSAM PIN-782105. 3:THE CIRCLE OFFICER MORIGAON REVENUE CIRCLE RAJAGAON ASSAM PIN-782105. 4:THE BRANCH MANAGER ICICI BANK REGIONAL HEAD OFFICE OHIO SHOPPING COMPLEX 1ST FLOOR M.G. ROAD FANCY BAZAR GUWAHATI 781001 Page No.# 2/5 5:MANAGER M/S SBFC FINANCE LIMITED SM COMPLEX 1ST FLOOR ABOVE MRF TYRE SHOWROOM NORTH JALUKBARI OPPOSITE ADABARI MASJID GUWAHATI ASSAM PIN.- 781014 Advocate for the Petitioner : MS. S KANUNGOE, MR. S A B KHABIR,MR. A A MONDAL,MR S HUSSAIN,MR A ALAM Advocate for the Respondent : GA, ASSAM, SC, I C I C I BANK BEFORE HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 01/12/2025 (M. Zothankhuma, J) Heard Ms. S Kanungoe, learned counsel for the writ petitioner. Also heard Ms. S Sarma, learned counsel for the respondent Nos. 2 & 3 and Mr. M Sharma, learned counsel for the respondent No. 4. 2. The petitioner has prayed for setting aside the order dated 08.07.2025 passed by the District Commissioner, Morigaon, by which the schedule of land mentioned in the said order, which is a secured asset has been taken over under Section 14 of the SARFAESI Act, 2002. 3. The writ petitioner has also prayed for staying the order dated 30.10.2025 issued by the respondent No. 5, whereby, notice has been given to the petitioner on the proposed sale of the secured asset, inasmuch as, the petitioner has an unpaid loan amount of Rs.23,38,423/- against the respondent No. 5 as on 28.10.2025. 4. The petitioner’s case is that the petitioner had taken a loan of Rs.16,80,000/- on 25.07.2022 from the ICICI Bank (respondent No. 4) and SBFC Finance Limited (respondent Page No.# 3/5 No. 5) with 14% interest. The loan amount was to be repaid in 180 monthly installments. The petitioner not having repaid the loan amount, inasmuch as, he had defaulted on his installment payments, the mortgaged property has been taken possession of by the respondent No. 5 through the District Magistrate under Section 14 of the SARFAESI Act, 2002. 5. In view of the non-payment of the loan amount by the petitioner, arbitration proceedings had been initiated against the petitioner under the Arbitration and Conciliation Act, 1996. The said arbitration proceeding, i.e., Arbitration Petition No. SBFC/ARB/2023/ 4667- A was concluded on 18.11.2023 and at para-11, it states as follows:- “11. After due consideration of the aforesaid facts and circumstances and evidence adduced, the Arbitral Tribunal makes the proclamation of Award as follows: a) The Respondents are liable to pay Rs.1870054/- (Rupees Eighteen Lac Seventy Thousand Fifty Four Only) to the Claimant. Hence, the claimant is entitled to claim the same, as it is a due, payable by the Respondents. Therefore, I direct the Respondents either jointly or severally to pay to the claimant the aforesaid sum and the Arbitral Tribunal makes an Award for sum of Rs.1870054/- (Rupees Eighteen Lac Seventy Thousand Fifty Four Only) in favour of the Claimant to be paid by the Respondent. b) I hereby direct the Respondent either Jointly or Severally to pay interest on Rs.1870054/- (Rupees Eighteen Lac Seventy Thousand Fifty Four Only) to the Claimant @12% per annum to be paid by the Respondents to the claimant from the date 15.09.2023 to the date of this Award i.e., 18.11.2023. The Arbitral Tribunal further Awards interest @ 12% per annum to be paid by the Respondents jointly and/or severally to the claimant on the Awarded sum from the date of this Award till its actual payment. c) The Claimant has prayed for cost of the Arbitration in its statement of claim. Considering the said Loan Agreement and under Section 31(A) of the Arbitration & Concillation Act, 1996 the Arbitral Tribunal Awards cost of Rs.5000/- to be paid by the Respondents to the Claimant and the cost shall be part of this Award. Page No.# 4/5 d) The Respondents are liable to pay the dues for with. e) The Claimant can take the possession of the secured or unsecured movable or immovable property by giving an advance notice to the respondents and the Claimant may sell the hypothecated property if any to recover the outstanding amount.” 6. In the subsequent Arbitration Petition No. SBFC/ARB/2024/1182, the arbitration proceedings between the respondent No. 5 and the petitioner, was concluded on 01.06.2024, which at para-11 states as follows: “11. After due consideration of the aforesaid facts and circumstances and evidence adduced, the Arbitral Tribunal makes the proclamation of Award as follows: a)The Respondents are liable to pay Rs.1667233.0000000002/- (Rupees Sixteen Lac Sixty Seven Thousand Two Hundred Thirty Three Only) to the Claimant. Hence, the claimant is entitled to claim the same, as it is a due, payable by the Respondents. Therefore, I direct the Respondents either jointly or severally to pay to the claimant the aforesaid sum and the Arbitral Tribunal makes an Award for sum of Rs.1667233.0000000002/- (Rupees Sixteen Lac Sixty Seven Thousand Two Hundred Thirty Three Only) in favour of the Claimant to be paid by the Respondents. b) I hereby direct the Respondent either Jointly or Severally to pay interest of Rs.1667233.0000000002/- (Rupees Sixteen Lac Sixty Seven Thousand Two Hundred Thirty Three Only) to the Claimant @12% per annum to be paid by the Respondents to the claimant from the date 05.04.2024 to the date of this Award i.e., 01.06.2024. The Arbitral Tribunal further Awards interest @12% per annum to be paid by the Respondents jointly and/or severally to the claimant on the Awarded sum from the date of this Award till its actual payment. c) The Claimant has prayed for cost of the Arbitration in its statement of claim. Considering the said Loan Agreement and under Section 31(A) of the Arbitration & Conciliation Act, 1996 the Arbitral Tribunal Awards cost of Rs.5000/- to be paid by the Respondents to the Claimant and the cost shall be part of this Award. Page No.# 5/5 d) The Respondents are liable to pay the dues for with. e) The Claimant can take the possession of the secured or unsecured movable or immovable property by giving an advance notice to the respondents and the Claimant may sell the hypothecated property if any to recover the outstanding amount.” 7. The Award passed in Arbitration Petition No. SBFC/ARB/2024/1182 was put up for execution before the District and Sessions Judge, Morigaon vide Money Execution No. 3/2024, in which the petitioner appeared. However, there has been no challenge to the Awards passed in the two arbitration petitions under Section 34 of the Arbitration Act till date. 8. Though, the petitioner’s counsel has submitted that some time be given to the petitioner to repay the loan amount within a specified period, we are of the view that the said issue should be taken up before the concerned respondent Nos. 4 & 5. The challenge made by way of this writ petition can also be made before the concerned DRT, as an efficacious alternative statutory remedy is available to the petitioner. 9. In the case of PHR Invent Educational Society Vs. UCO Bank & Ors., SLP(C) No. 8867 of 2022, the Supreme Court held that High Courts should not ignore the availability of statutory remedies under the DRT Act and the SARFAESI Act and exercise jurisdiction under Article 226. 10. In view of the reasons stated above, we are not inclined to exercise our discretion in the present writ petition and accordingly, the writ petition stands dismissed. JUDGE JUDGE Comparing Assistant