Gauhati High Court
WP(C)/3425/2026 of SANTANU PATOWARY Vs THE STATE BANK OF INDIA AND ORS on 6 August 2026
GAHC010129692026 2026:GAU-AS:11099 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3425/2026 SANTANU PATOWARY S/O ATUL CH PATOWARY, R/O HOUSE NO 65, SEWALI PATH, HATIGAON ROAD, HATIGAON, GUWAHATI, KAMRUP M, ASSAM 781038 VERSUS THE STATE BANK
GAHC010129692026
2026:GAU-AS:11099
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3425/2026
SANTANU PATOWARY
S/O ATUL CH PATOWARY, R/O HOUSE NO 65, SEWALI PATH, HATIGAON
ROAD, HATIGAON, GUWAHATI, KAMRUP M, ASSAM 781038
VERSUS
THE STATE BANK OF INDIA AND ORS
REPRESENTED BY ITS CHAIRMAN, STATE BANK OF BHAWAN, MADAN
CAMA ROAD, NARIMAN POINT MUMBAI, PIN 400021
2:THE CHAIRMAN
THE STATE BANK OF INDIA
STATE BANK BHAWAN
MADAN CAMA ROAD
NARIMAN POINT MUMBAI
PIN 400021
3:THE CHIEF GENERAL MANAGER
NORTH EASTERN REGION
STATE BANK OF INDIA
6TH FLOOR
B BLOCK
LOCAL HEAD OFFICE
OPPOSITE JANATA BHAWAN
DISPUR
GUWAHATI
ASSAM
781005
4:THE BRANCH MANAGER
STATE BANK OF INDIA
HATIGAON
BRANCH
MEHERBAN PATH
SIJUBARI
HATIGAON
GUWAHATI
KAMRUP M
ASSAM 781038
5:L AND T FINANCE LIMITED
REPRESENTED BY ITS CHAIRMAN BRINDAVAN
PLOT NO. 177
CST ROAD
KALINA
SANTACRUZ EAST
MUMBAI
MAHARASHTRA 400098
6:THE CHIARMAN
L AND T FINANCE LTD.
BRINDAVAN
PLOT NO 177
CST ROAD
KALINA
SANTACRUZ EAST
MUMBAI
MAHARASHTRA 400098
7:THE MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER
L AND T FINANCE LIMITED
BRINDAVAN
PLOT NO 177
CST ROAD
KALINA
SANTACRUZ EAST
MUMBAI
MAHARASHTRA 40009
For the Petitioner(s) : Mr. G. Kaushik, Advocate For the Respondent(s) : Mr. G. Sarma, Advocate BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 07.08.2026
Heard Mr. G. Kaushik, the learned counsel appearing on behalf of the petitioner. Mr. G. Sarma, the learned counsel appears on behalf of the respondent Nos. 1 to 4.
2. The grievance of the petitioner for which the present writ petition has been filed is the continuance of the freeze on the petitioner's bank account bearing No. 200033314540 maintained with the State Bank of India, Meherban Path Hatigaon in spite of there being a direction from the learned Arbitrator in connection with the arbitration proceedings bearing No. L&T/ARB/LOT-5/45 to remove the said attachment of the bank account.
3. It is the case of the petitioner that on various occasions, communications have been issued to the Branch Manager of the State Bank of India. However, no action has been taken. The petitioner, therefore, has approached this Court by filing the present writ petition.
4. The record reveals that vide order dated 25.06.2026, this Court issued notice with a further observation that pending the next date, it shall not be a bar on the part of the respondent Nos. 3 and 4 to un-freeze the petitioner's bank account.
5. Today, Mr. G. Sarma, the learned counsel appearing on behalf of the respondent Nos. 1 to 4 submitted on instructions that the entire account of the petitioner is no longer under attachment. However, certain amounts lying in the account have been kept under lien. The learned counsel further produced instructions from the respondent No. 3 dated 07.08.2026, which is kept on record and marked with the letter "X".
6. A perusal of the said instructions reveals that the petitioner, on numerous occasions, has been asked to produce the certified copy of the order dated 30.07.2025 passed by the learned Arbitrator. However, the petitioner has not produced the certified copy. It is also mentioned that the other party in the arbitration proceedings, i.e., the L&T Finance has also been issued communication requesting the certified original copy of the arbitration order, which has also not been placed before the respondent No. 4.
7. Taking into account the said instructions, this Court enquired with the learned counsel appearing on behalf of the petitioner as to why the certified copy of the order dated 30.07.2025 has not been submitted to the respondent No. 4.
8. The learned counsel for the petitioner submitted that in arbitration proceedings, the Arbitrator either provides a true copy or the original copy. The petitioner is only a Director of the respondent company in the said arbitration proceedings.
9. This Court has also taken note of Annexure-III to the writ petition whereby a communication has been issued by the L&T Finance to the respondent No. 4 on 09.10.2025 wherein it is categorically mentioned that the customer's default with L&T Finance has been cleared and the loan account has been closed. However, no instructions have been placed by the learned counsel appearing on behalf of the respondent Nos. 1 to 4 as to whether the said document was received.
10. It is the opinion of this Court that if the petitioner produces a true copy/original copy of the order dated 30.07.2025 before the respondent No. 4 and/or the communication dated 09.10.2025 issued to the respondent No. 4 by L&T Finance Limited can be traced out by the respondent No. 4, there is no necessity to further keep any amount on lien, taking into account that the loan account has been closed.
11. Accordingly, the instant writ petition stands disposed of with the following observations and directions:
(i) The petitioner, who is the Director of the company, namely, Arth Rural Connect Services Private Limited, shall either produce the original copy of the order dated 30.07.2025 before the respondent No. 4 or a true copy of the said order dated 30.07.2025 before the respondent No.
4. On the basis of the said original/true copy of the order dated 30.07.2025, the respondent No. 4 shall remove the lien in the petitioner's account bearing No. 200033314540 maintained with the State Bank of India, Meherban Path, Hatigaon.
(ii) The respondent No. 4 is also directed to trace out as to whether the respondent No. 4 has received the communication dated 09.10.2025 issued by the L&T Finance Limited to the respondent No. 4. In the circumstance, the said document is traced, the respondent No. 4 shall also remove the lien from the petitioner's account irrespective of the petitioner producing the original/true copy of the order dated 30.07.2025.
JUDGE Comparing Assistant