JUDGEMENT
A.K.GOSWAMI,J. -
(1.)M Heard Mr. B. D. Goswami, learned counsel appearing for the petitioner.
(2.)This is the fourth time that the petitioner has approached this court. Presently, this petition is filed challenging an e-auction sale notice dated 10.09.2019 for auctioning the secured asset of the petitioner and praying for reducing the monthly instalments from Rs. 57,000/- to 40,000/-.
(3.)When the first approach was made by the petitioner by filing an application under Article 226 of the Constitution of India, which was registered as WP(C) 7492/2018, this court had passed the following order on 31.10.2018.
"Heard Mr. S Hoque, learned counsel for the petitioner.
The petitioner is before this Court assailing the possession notice dated 5.3.2018 issued by the respondent Bank whereby it has taken possession of the premises which was offered as security for the loan received by the petitioner. Learned counsel for the petitioner would contend that due to certain domestic difficulties, the loan installments could not been serviced and, therefore, there was some default in payment. It is contended that if an opportunity is granted to re-pay the amount in installments, the petitioner would make all efforts to re-pay the amount and retain possession of the mortgaged property.
Having taken note of the contention put forth by the learned counsel for the petitioner and on perusal of the petition papers, it is noticed that against the very possession notice dated 5.3.2018 and also the order dated 5.9.2018 passed by the District Magistrate, the petitioner has already availed the remedy under Section 17 of the SARFAESI Act by filing SA No. 73/2018 which is pending before the Debts Recovery Tribunal, Guwahati.
That being the position, the proper course of action for the petitioner would be to put forth such contention in the said proceedings so as to seek for any interim direction/ order from the Debts Recovery Tribunal. To that extent, we reserve the liberty to the petitioner in that regard and if such a prayer is made before the Debts Recovery Tribunal, the Debts Recovery Tribunal shall take note of the same and consider the same one way or the other in accordance with law as expeditiously as possible. In terms of the above, the petition stands disposed of."
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