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2019 DIGILAW 366 (GAU)

MINOMOTI GOGOI PHUKON @ MINOMOTI PHUKON v. HOUSING DEVELOPMENT FINANCE CORPORATION LTD

2019-03-20

A.K.GOSWAMI, A.S.BOPANNA

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JUDGMENT : A.S. BOPANNA, J. 1. Heard Mr. S. Chauhan, learned counsel for the petitioners. Also heard Mr. T.C. 2. Chutia, learned Additional Senior Government Advocate, Assam for Respondents No.4, 5 and 6. 3. The petitioners are before this Court assailing the order dated 5.2.2019 passed by the Respondent No.4. The fact that the petitioners have availed the financial assistance from the Respondent Bank, is not in dispute. The fact that the petitioners have already defaulted in the matter of repayment is evident from the very pleading that the petitioners were faced with certain financial constraints. In that background, it is noticed that the order impugned is the notice dated 5.2.2019 passed by the competent authority in exercise of the powers under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'). Against such order, the petitioners have the remedy of filing an application in the form of an appeal under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal. 4. In that light, the petitioners are relegated to the statutory remedy in accordance with law. 5. The petition is, accordingly, disposed of.