Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1659/2024 REBA KANTA GOGOI S/O- LATE INDRESHWAR GOGOI, VILL- BORSAYAK DIBRUAL GAON, P.O.- MAJBARI, P.S.- AMGURI, DIST.- SIVASAGAR, ASSAM, PIN- 785680. VERSUS STATE BANK OF INDIA AND 4 ORS REPRESENTED BY THE CHIEF GENERAL MANAGER, LOCAL HEAD OFFICE, NORTH EASTERN CIRCLE, GUWAHATI, DISPUR, ASSAM, PIN- 781006.
2:REGIONAL DEPUTY GENERAL MANAGER SBI REGIONAL OFFICE BAWRI MANSION
DHANKHETI SHILLONG MEGHALAYA
PIN- 793001.
3:ASSITTANT GENERAL MANAGER SBI REGIONAL OFFICE BAWRI MANSION
DHANKHETI
Page No.# 2/3 SHILLONG
MEGHALAYA PIN- 793001.
4:BRANCH MANAGER SBI KHANAPARA BRANCH DIST- RI BHOI MEGHALAYA
PIN- 781022.
5:BRANCH MANAGER SBI AMGURI BRANCH DIST.- SIVASAGAR ASSAM
PIN- 785680 Advocate for the Petitioner : MR. C BORUAH, MR A BORUAH,MR. R BORO Advocate for the Respondent : MR. S DUTTA (SC, SBI),
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER Date : Date: 30.07.2025
Heard Mr. A. Baruah, learned counsel appearing for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel, State Bank of India. The petitioner, by way of instituting the present proceeding has raised a grievance with regard to the action on the part of the authorities of the SBI in placing his savings account being Account No. 36700829377 operated with the Anguri Branch of the SBI on a technical hold. The petitioner has further prayed that the respondent bank be also
directed not to effect any recovery from his said amount against the loan account of his deceased wife, which has been declared as a Non Performing Asset (NPA). Mr. S. Dutta, learned Standing Counsel, on instructions, has submitted that when
Page No.# 3/3 the loan amount was sanctioned to the deceased wife of the petitioner, the KYC details of the petitioner’s account was also a part of the documentation so made in connection with the said loan. Accordingly, the system had linked the petitioner’s account with that of his wife. Subsequently, on her passing away, the loan having become a Non Performing Asset (NPA), the system, in view of its programming, proceeded to put the petitioner’s account on a technical hold with a view to protect the interest of the bank. However, the said aspect of the matter, on being brought to the notice of the SBI, the Chief Manager, Khanapara Branch, from where the loan was so taken by the deceased wife of the petitioner, a communication dated 27.03.2024 came to be issued to the petitioner and therein, it was intimated to the petitioner that on account of the temporary hold put by the system on his account, the same was not being permitted to be operated. However, the said temporary hold was removed and the petitioner was free to operate his account as per his wish. Mr. S. Dutta, learned Standing Counsel, on instructions, has also submitted that the SBI authorities are not contemplating to make any recovery towards the loan account of his deceased wife from the account of the petitioner and they would be taking recourse to such measures as would be permissible under law to recover the amount due to them, on account of the loan taken by the deceased wife of the petitioner becoming NPA. In view of the above submissions made by Mr. S. Dutta, learned counsel for the respondent bank, the grievance raised by the petitioner in the present proceeding, stands redressed. There being no further live issue to be decided in the present proceeding, the present writ petition stands closed in terms of the submissions made by Mr. S. Dutta. The writ petition, accordingly, stands disposed of.
JUDGE Comparing Assistant