Page No.# 1/4 GAHC010275652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7288/2025 BANK OF BARODA A BODY CORPORATE, CONSTITUTED BY AND UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT 1970 AND HAVING ITS HEAD OFFICE IS SITUATED AT MANDAVI BARODA WHICH ONE OF THE BRANCH OFFICE AMONGST OTHER PLACES IS SITUATED AT ZOSARB KOLKOTA AT 21A SADANAND ROAD, KALIGHAT, KOLKATA WEST BENGAL, REPRESENTED HEREIN BY ITS AUTYHORIZED SIGNATORY NAMELY SRI DHANESWAR SAHOO, S/O FAKIR CHARAN SAHOO, AGE 50 YEARS, CHIEF MANAGER, BANK OF BARODA, ZONAL OFFICE, BHANGAGARH, GUWAHATI, ASSAM, PIN-781005. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, GENERAL ADMINISTRATION DEPARTMENT (GAD), ADDRESS- DISPUR SECRETARIAT, GUWAHATI-781006, ASSAM 2:THE DISTRICT COMMISSIONER DHUBRI DISTRICT ASSAM ADDRESS- OFFICE OF THE DISTRICT COMMISSIONER DHUBRI DISTRICT ASSAM. 3:THE DISTRICT SUPERINTENDENT OF POLICE DHUBRI DISTRICT ASSAM ADDRESS- OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE Page No.# 2/4 DHUBRI DISTRICT ASSAM For the appellant/petitioner(s) : Mr. S. Chamaria, Advocate For the Respondent(s) : Mr. P. Nayak, Addl. AG, Assam Ms. U. Sarma, Jr. GA, Assam –B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 12.08.2026 (AshutoshKumar, CJ) We have heard Mr. S. Chamaria, learned Advocate for the petitioner, and Ms. U. Sarma, learned Junior Government Advocate, Assam, for respondents No. 1, 2 and 3. The Bank of Baroda/petitioner had advanced a loan to M/s Roy & Co. Udyog Private Limited, which went bad and the loan account was declared as a Non-Performing Asset (NPA). A recovery proceeding was initiated under the SARFAESI Act, 2002 against the mortgaged property, which is a plot of land and a building in the town of Dhubri. A Demand Notice under section 13(2) of the SARFAESI Act was issued to the respondent/loanee, followed by a notice under section 13(4) for taking symbolic possession of the mortgaged property. Since the borrower never repaid the loan and also obstructed the efforts to take physical possession of the mortgaged property, the bank applied before the District Magistrate under section 14 of the SARFAESI Act for assistance and also deposited certain amount to secure police assistance for executing attachment of the mortgaged property. The District Magistrate Page No.# 3/4 passed an order on 21.10.2019 expressing intention to take over the property in favour of the bank. The reports reveal that sometimes in the month of November, 2024, a proposal of the borrower for “one-time settlement” was accepted by the petitioner/ bank. It further appears that the borrower also made some upfront payments to secure confidence, but again defaulted on various excuses. The one-time settlement acceptance communication was, thus, cancelled by the bank in the year 2025 for non-compliance. The bank thereafter again approached the respondent No. 2/District Magistrate seeking a fresh order under section 14 of the SARAESI Act, requesting action on the still subsisting order of the District Magistrate passed on 21.10.2019. The grievance of the petitioner is that there is no communication or action at the end of the respondent No. 2/District Magistrate. Ms. U. Sarma, learned Junior Government Advocate submits that the earlier requisition had already been discharged with the bank having accepted the one-time settlement offer as also having accepted the upfront payment made by the loanee. Therefore, the same requisition could not have been utilized again. Now, for the purpose of taking assistance of the State authorities to take physical possession of the mortgaged property, a fresh requisition will be required, in case so deemed necessary. We find force in the submission of Ms. U. Sarma, learned Advocate for respondent No. 2. We, thus, dispose off this writ petition with a liberty to the petitioner to approach the respondent No. 2/District Magistrate afresh for taking Page No.# 4/4 physical possession of the mortgaged property, which shall be taken into consideration by the respondent No. 2/District Magistrate in accordance with law. The writ petition stands disposed off accordingly. JUDGE CHIEF JUSTICE Comparing Assistant