- (1.) This appeal is directed against an order dated 24th March, 2010 passed by the Hon'ble Single Judge when His Lordship was pleased to dismiss the writ petition on the ground that the writ petitioner/ appellant herein has defaulted in repayment of loan and proceedings have been initiated under section 13 of the SARFAESI Act (hereinafter referred to as the said Act) and he has been dispossessed from his dwelling house. The Hon'ble Single Judge passed the said order on the ground that there is no statutory violation has been demonstrated. However, remedy provided by the Act shall be open to the writ petitioner/appellant to pursue such remedy.
(2.) Being aggrieved, this appeal has been filed by the appellant.
(3.) The facts of the case briefly are as follows : At the instance of the writ petitioner/appellant loan was granted by the ICICI Bank. The outstanding loan shown as on 23rd February, 2007 was Rs.58,24,055/-. The said loan amount was taken up by the respondent on the same date after execution of the document between the parties. On 14th March, 2007 the respondent handed over a cheque for Rs. 16,93,512/- which was credited in the account of the appellant and it is a case of the writ petitioner/appellant that for the purpose of availing of such credit facilities the petitioner/appellant credited an equitable mortgage over and in respect of Flat No. 10E, 10th Floor, Neelkamal Apartment at No. 41, Elgin Road, Kolkata.;