Decided on March 23,2018

Goenka Woollen Mills Ltd. Respondents


HITESH KUMAR SARMA - (1.) This petition, under Section 482 of the Code of Criminal Procedure, has been preferred by the Authorised Officer, State Bank of India, Stressed Asset Management Branch, Guwahati against Goenka Woollen Mills Ltd and others for quashing the First Information Report (FIR) in Azara P.S Case No. 352/2016 (G.R Case No 13782/16) registered under Section 409 of Indian Penal Code lodged by Sri Vijay Kumar Goenka, the respondent No. 2.
(2.) The petitioner states that the respondent no. 1 Goenka Woollen Mills Ltd is a borrower of the SBI, A.T. Road Branch, Guwahati and is a defaulter whose various loan accounts became irregular and had been classified as NPA long back since 31.3.2004. The respondent company having not responded to the various demands for repayment, the Bank, SBI took recourse to the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for the outstanding loan of Rs 6,34,94,000 and took possession of the immovable and movable properties charged with the Bank by way of mortgage. The petitioner also states that the Debt Recovery Tribunal has also issued a Recovery Certificate in favour of the petitioner for Rs 7,56,01,864.09 against the respondents. The respondents have preferred appeal against the said order of Debt Recovery Tribunal and the same is pending disposal at the Debt Recovery Appellate Tribunal, Kolkata. The petitioner further states that the Debt Recovery Tribunal, in O.A No. 34/2007 has issued Recovery Certificate DRPC No. 1550 dated 15.12.2004 for a sum of Rs 12,87,58,980 and recovery proceedings have been initiated by a Notice of Demand dated 15.5.2015. The respondents challenged the Notice of Demand before this High Court and a Division Bench in WP (C) 4759/2015 directed the respondents to avail the alternative remedy by filing statutory appeal against the impugned notice. The respondents have not preferred any appeal in terms of the directions in WP (C) 4759/2015 rather; lodged an FIR with the Azara Police Station against the petitioner and 7 others, all Officers of SBI, for commission of offence of criminal breach of trust in respect of the properties of which possession has been taken over by the SBI.
(3.) The petitioner states that properties allegedly involved in the said FIR are non-existent properties referred to in the purported audited balance sheet as on 31.3.2009 showing current asset worth Rs 3.14 crore and stock worth Rs 1.20 crore. The petitioner states that the FIR has been lodged with an intent to harass the officers of SBI and hence the same needs to be quashed.;

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