Calcutta High Court
WPA/461/2026 of Y JOHNSON Vs THE ANDAMAN AND NICOBAR STATE CO-OPERATIVE BANK LTD. AND ANOTHER on 7 September 2026
HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/461/2026 Y Johnson Vs The Andaman and Nicobar State Co-Operative Bank Ltd and another Mr. K.Vijay Kumar … for the petitioner Mr. A.S.Zinu … for the respondents September 7,2026 [SR] Item No.4 1. The petitioner claims to
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ]
***
WPA/461/2026
Y Johnson
Vs
The Andaman and Nicobar State Co-Operative Bank Ltd and another Mr. K.Vijay Kumar … for the petitioner Mr. A.S.Zinu
… for the respondents
September 7,2026
[SR]
Item No.4
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1. The petitioner claims to be the mortgager of a property which has been put up for sale under the provisions of the SARFAESI Act. the date of sale has been fixed on 15.09.2026. The borrower has not been impleaded as a party in the instant writ petition.
2. Specific submission of the petitioner is that the Bank ought to have responded to the notice dated 24.07.2026 given by the petitioner with request to intimate the status of the loan account and the mortgaged property.
3. It has been submitted that the petitioner is ready and agreeable to pay off the loan amount.
4. Prayer has been made to direct the bank to intimate the details of the loan to the petitioner for re-payment of the loan amount.
5. Learned advocate representing the bank opposes the submission of the petitioner.
6. It has been submitted that rupees one crore was taken on loan but the said amount has not been repaid. Steps under the Act have been taken to recover the loan amount.
7. It has also been submitted that the writ petition ought not to be entertained by the writ court and the petitioner ought to approach the competent forum for remedy.
8. Upon hearing the submissions made on behalf of both the parties and on perusal of the documents annexed to the writ petition, it appears that the sale notice has been published on 14.08.2026 and the date of sale has been fixed on 15.09.2026.
9. Admittedly, the loan amount obtained by the borrower has not been repaid. The borrower is not before the Court and, accordingly, the Court is unaware of the stand of the borrower.
10. The SARFAESI Act clearly provides relief to any person aggrieved by the action taken by the bank to recover the loan amount.
11. In view of the above, the instant writ petition stands disposed of with the observation that it would be open for the petitioner to approach the competent forum for relief, in accordance with law, if so advised.
12. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Amrita Sinha, J. )