Court ruled that CBI's investigation revealed no criminal wrongdoing by bank officials under SARFAESI Act, confirming lawful procedures and directing the petitioner to pursue remedies in special court.

JUDGMENT :

SHAMPA SARKAR, J.

1. This writ petition was filed for a direction upon the Central Bureau of Investigation (CBI) to investigate into the allegations made by of the petitioner against the banks officials in a time bound manner as per the directions, passed in the order dated May 16, 2017, passed in WPA No. 26566(W) of 2014.

2. Further prayer was that the High Court should monitor the investigation. The petitioner claimed to be a well established businessman and an athlete. Allegedly, he was running various companies, including the Vivekananda Retreat for Swimming and Sports, and a cattle farm which spread over 22.5 bighas of land. He had houses and landed properties and was also the proprietor of M/s East India Chemical Products and M/s East India Trading Company.

3. The petitioner availed of loans from the State Bank of India, Ektiasal Branch, sometime in 1995 and claimed to have repaid the same in full. The petitioner categorically contended that, he was never a defaulter in making timely payments of the dues. In fact, the petitioner had no dues as on December 11, 2003. The petitioner sought to rely upon some bank statements in this regard. On the other hand, he alleged that he had fixed deposits to the tune of approximately Rs. 10,25,000, three recurring deposits of Rs. 10 lakhs and Rs. 8 lakhs in the savings account of the said bank.

4. The petitioner claims to have been dispossessed from his property on December 11, 2003. His house was ransacked. All his properties, both movable and immovable, including domestic articles, clothes, stock and cattle were taken away by some persons, pretending to be CBI officers. They were accompanied by local goons and musclemen of the bank. It was alleged that, they kidnapped the petitioner and kept him under custody of some armed men. Initially, the petitioner fled to Kolkata, to avoid proceedings which those persons were planning to illegally lodge against him. He returned to Siliguri after sometime. On return, he found that the respondent bank had taken over his properties.

5. The background leading to the filing of this application bears significance. In January, 2004, a writ Petition being WPA No. 1384 of 2004, was filed by the petitioner against the bank authorities and against some of the officials of the bank in their personal capacity. The allegations were that, the bank connived with one Atul Jhawar as also with the police authorities, and had taken over the properties of the petitioner. Interim reliefs were also prayed for. The writ petition was dismissed for default. The bank had taken a stand before the writ court that, the properties were taken over to satisfy the dues accrued from the unpaid loan along with the interest component, by invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’).

6. In the said writ petition, the petitioner had specifically stated that he had approached the Inspector General of Police, North Bengal with allegations against the bank authorities when the bank authorities had ransacked the house of the petitioner and taken away his properties under the garb of taking action under the SARFAESI Act. It was also the case of the petitioner that, on the basis of the complaint, an FIR was registered and investigation had proceeded. However, the said investigation did not lead to any frui