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2022 DIGILAW 36 (CAL)

Piyas Biswas v. Union Of India

2022-01-11

RAJASEKHAR MANTHA

body2022
JUDGMENT : 1. The writ petitioner is aggrieved by the fact that the State Bank of India has continued to deduct instalments from the salary account of the petitioner despite declaring the account as non performing asset on 5th May, 2021. 2. Notice under Section 13(2) of the SARFAESI Act, 2002 was issued on May 20, 2021. The bank has therefore issued a second notice under Section 13(2) of the SARFAESI Act, 2002 on 12th July, 2021 after declaring the account a Non Performing Asset on 3rd July, 2021. 3. It is submitted by counsel for the petitioner that a third notice again on 04.01.2022 under Section 13(2) of the SARFAESI Act, 2002 has been issued and the said notice came to be published in the news papers as service could not allegedly be effected. 4. A copy of the news paper extract as also third notice dated 04.01.2022 is kept with the record. 5. This Court is unable to countenance and the bank is unable to explain under what circumstances third notice under Section 13(2) has been issued. It is also not clear as to why the first proceeding under Section 13(2) could not be taken to its logical conclusion. 6. This Court is prima facie satisfied that since the account has been declared as non performing asset, deduction of monthly instalments from the salary account of the petitioner could not have been done. If the bank was entitled to deduct instalments even after notice under Section 13(2), the account could not have been declared as non performing asset. 7. This Court therefore restrains the bank from deducting any further instalments from the salary account of the petitioner in respect of the subject loan account until further orders. 8. Affidavit in opposition be filed within a period of three weeks. Reply, if any, be filed within a week thereafter. 9. Liberty to mention after completion of pleadings. 10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.