Manipur High Court
MC(WP(C))/389/2026 of M/s Ketawn Vs Indian Bank (previously Allahabad Bank) and Anr on 21 May 2026
370 of 2026 Contd.../- IN THE HIGH COURT OF MANIPUR AT IMPHAL
Contd.../-
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 370 of 2026
M/S Ketawn, represented by its Proprietor Smt. Yumnam (O)
Sorojini Devi, aged about 70 years, Yumnam Leikai, Nambul Mapal, P.O. & P.S. Imphal, Imphal West District, Manipur-
795001.
… Petitioner
-Versus-
1. Indian Bank (previously Allahabad Bank) represented by its Chief Manager/ Authorized Officer), Branch Office at Paona Bazar, Imphal, P.O. & P.S. Imphal, Imphal West District, Manipur – 795001.
2. The Authorized Officer, Indian Bank, having its Zonal Office at 3rd Floor, G L Publication Building, Ulubari, Guwahati, Assam-781007.
… Respondents
With
MC(WP(C)) No. 389 of 2026
B E F O R E
HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the petitioner
:: Mr. Rarry, Sr. Advocate asstd. by
Ms. M. Nikita, Advocate
For the respondents
:: XXX
Date of hearing & order :: 22-05-2026
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O R D E R
Heard Mr. M. Rarry, learned senior counsel assisted by Ms. M. Nikita, learned counsel appearing for the petitioner. IN. 6 & 7 +05'30'
WP(C) No. 370 of 2026 Contd.../-
After submitting at length with regard to the merit of this writ petition, the learned senior counsel fairly submitted that as there is a statutory provision under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFASI Act), the petitioner may be allowed to withdraw this writ petition with liberty to approach the Debt Recovery Tribunal for redressing his grievances raised in this writ petition.
The learned senior counsel also submitted that as the impugned notices were not communicated to the petitioner and as the petitioner come to know about it very recently, the petitioner was handicapped to approach the Debt Recovery Tribunal. It has further been submitted that under the said impugned Notices, the sale has been fixed on 25-05-2026 at 11:00 AM and as such, the petitioner will not be able to approach the Debt Recovery Tribunal at Guwahati in time for assailing the said impugned notices. The learned senior counsel, accordingly, submitted that the petitioner may be granted two weeks’ time to approach the Debt Recovery Tribunal at Guwahati by filing an application as provided under Section 17 of the SARFASI Act.
The learned senior counsel further submitted that unless this court pass an interim order for restraining the respondents from proceeding with the proposed sale, which has been scheduled on 25-05-2026, the petitioner will be gravely prejudice and an irreparable injury will be caused to him. Accordingly, a prayer has been made for issuing a direction to the respondents not to proceed with the sale as
Contd.../-
notified under the impugned Notice dated 07-05-2026 for a period of two weeks’ time from today.
On consideration of the submission advanced by the learned senior counsel and on examination of the record, this court is satisfied that interest of justice will be served by issuing the following directions:-
(i) The petitioner is granted leave to withdraw the present writ petition along with the connected application with liberty to approach the Debt Recovery Tribunal by filing an appropriate application as provided under Section 17 of the SARFASI Act for redressing his grievances;
(ii) It is made clear that the petitioner should file any such application within a period of two weeks from today; and
(iii) It is further made clear that the respondents should not proceed with the proposed sale as notified under the impugned Notice dated 07-05-2026 for a period of two weeks from today.
With the aforesaid directions, the present writ petition as well as the connected application are disposed of.
A copy of this order be furnished to the learned counsel appearing for the petitioner through WhatsApp/ e-mail during the coursed of the day for doing the needful.
JUDGE Devananda