Case: Ranadhir Chokroborty Vs UCO Bank and Anr.. Guwahati Debt Recovery Tribunals
| Judges | S.K. Mohapatra, Presiding Officer |
| Issue | Code of Civil Procedure (CPC), 1908 - Section 60(1); Constitution Of India - Articles 19(1)(f), 300A; Securitisation And Reconstruction of Financial Assets And Enforcement Of Security Interest Act, 2002 - Sections 13(1), 13(2), 13(4), 17, 31(g) |
| Citation | I (2007) BC 97 |
| Judgement Date | Wednesday November 08, 2006 |
| Court | Guwahati Debt Recovery Tribunals |
Order:
S.K. Mohapatra, Presiding Officer
This is an appeal filed under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SRFAESI Act'), against the action taken by UCO Bank under Section 13(4) of the 'SRFAESI Act'.
The precise contention of the appellant is that while initiating action under Section 13(4) of 'SRFAESI Act', respondent UCO Bank has not strictly followed the provisions of the Act and the Security Interest (Enforcement) Rules, 2002. It is his case that while the appellant was under medical treatment at Kolkata, by breaking the lock and key, his house and house-hold articles have been taken in possession by respondent Bank. Appellant strenuously contended that under Proviso (a) of Section 60(1) of the Code of Civil Procedure, 1908, the necessary wearing apparel, cooking vessels, clothes, beddings, etc. shall not be liable for attachment and sale.
In this regard the previous order dated 23.8.2006 of this Tribunal is relevant which is reproduced below:
...It was seen that respondent secured creditor has taken possession of the house-hold properties/items including possession of mortgaged house under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of...
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