ANJU SHIL (DEBBARMA) Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-2-31
HIGH COURT TRIPURA
Decided on February 08,2021

Anju Shil (Debbarma) Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

Akil Kureshi, J. - (1.) The petitioner is a borrower. The bank has instituted steps under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, for short) for recovery of the loans since it had become an NPA. By way of recovery proceedings the bank claims to have taken over possession of the secured asset and it is also put for auction sale at which stage the petitioner has approached this Court questioning the actions of the bank.
(2.) The SARFAESI Act makes detailed provisions for dealing with the cases of non-payment of loans by the borrower and the steps that the secured creditor can take in such situations. The Act also provides for machinery for ventilating disputes and grievances. The petitioner, therefore, must approach Debts Recovery Tribunal for raising all the contentions and disputes. This petition which is filed without availing such statutory remedy, is, therefore, not entertained, leaving it open for the petitioner to avail alternative remedy.
(3.) Petition is disposed of.;


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