IMRAN HUSSAIN LASKAR v. THE STATE BANK OF INDIA AND 2 ORS
WP(C)/5047/2025 · 2026-03-30
Anjan Moni Kalita
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 2936 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2936 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC010192732025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5047/2025 IMRAN HUSSAIN LASKAR S/O- ABDUS SALAM LASKAR, VILL.- GAGHRAPAR PART-I, P.O.
SALCHAPRA, P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN- 788801. VERSUS THE STATE BANK OF INDIA AND 2 ORS REPERSENTED BY ITS CHIEF GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE, DISPUR, GUWAHATI-781006. 2:THE REGIONAL MANAGER REGIONAL BUSINESS OFFICE ZONE-5 REGION 01 (SILCHAR) DIST. CACHAR ASSAM PIN- 788803. 3:THE BRANCH MANAGER STATE BANK OF INDIA TARAPUR BRANCH SILCHAR DIST- CACHAR ASSAM PIN- 788803 Advocate for the Petitioner : MR. S B LASKAR, MR. A S TAPADER,MR. H A LASKAR,MS D DUTTA Advocate for the Respondent : MR K DAS (R-1 TO 3), MR. S Ali (R-1 TO 3)
Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 31.03.2026
1. Heard Mr. S. B. Laskar, learned counsel for the petitioner. Also heard Mr. K. Das, for the respondents No. 1, 2 & 3. 2. The case of the petitioner is that State Bank of India, Main Branch, Silchar sanctioned a personal loan (SBI loan Account No. 40430451096) of Rs. 12, 13,000/- (Rupees Twelve Lakhs Thirteen Thousands) to the petitioner on 09.09.2021. Against the respective EMI of Rs. 22,534/- (Rupees Twenty-Two Thousand Five Hundred and thirty-four only) for 72 months, after payment of certain EMIs, after September, 2023 the petitioner could not pay the amount due to his termination from service. 3. In view of the non-payment of aforesaid EMIs, as on 29.07.2025, an amount of Rs. 8, 71,155.71 is the balance that is to be paid to the bank. 4. It is the case of the petitioner that, due to his removal from service, he could not pay the amount and therefore, his account was declared as NPA from 07.01.2024. 5. It is contended that, on 31.07.2025, a sum of Rs. 3,90,493/- (Rupees
Page No.# 3/5 Three Lakhs Ninety Thousands Four Hundreds Ninety-Three only) was credited to the petitioner’s aforesaid bank account as Armed Forces Personal Provident Fund (AFPPF). In view of the declaration of the NPA of his account, the petitioner could not withdraw any money from his account, wherein, the aforesaid provident fund was deposited. 6.
In view of the aforesaid, the petitioner has submitted two representations dated 04.08.2025 and 11.08.2025 stating his financial status and his willingness to repay the amount once his account is restructured. 7. It is the contention of the petitioner that, in spite of his representation, the bank authorities have not taken any action till date. 8. In the instant case, the affidavit has been filed by the respondents No. 1, 2 & 3, i.e., State Bank of India, wherein, it has been stated in paragraph 4 of the affidavit-in-opposition that, since the petitioner has not been repaying the loan amount, the account which is NPA on 07.01.2024, became AUCA on 03.05.2025. It is also stated in the affidavit that till 10.10.2025, the outstanding unpaid loan amount is Rs. 8,71,156/- ( Rupees eight lakhs seventy-one thousand one-hundred fifty-six) and the closure amount is Rs. 9,18,336/- (Rupees nine lakhs eighteen thousand three
Page No.# 4/5 hundred thirty-six) as on 10.10.2025. 9. It is also stated that, due to the stop payment of the loan amount by the petitioner, the Silchar Branch of SBI has put a hold of Rs.10,00,000/- (Rupees Ten Lakhs) on the petitioner’s bank account on 19.07.2025. 10. The learned counsel appearing for the petitioner submits that since he has not submitted any application before the Chief Manager, Silchar Branch, SBI, for restructuring of his loan account so that he can repay the loan amount, he should be allowed to submit a representation before the Chief Manager, Silchar Branch, SBI, so that the loan account can be restructured suitably, so that, he can pay the remaining loan amount as per the new restructuring. 11. To the aforesaid submissions, the learned counsel appearing for the respondent SBI doesn’t have any objection. 12. In view of the aforesaid, the instant writ petition is disposed of with a direction to the petitioner to submit a suitable application before the Chief Manager, Silchar Branch, SBI, requesting for restructuring of his account on a mutual understanding. 13.
On receipt of such application, the respondent SBI shall consider his
Page No.# 5/5 case within a period of one month for restructuring of the loan account, if any. JUDGE Comparing Assistant