Disposed

Ananta Gogoi v. Idbi Bank Ltd. and 5 Ors.

Gauhati HC6 Apr 2018WP(C)/1428/2018

Case brief

AI extract

What is this about?

Writ petition disposed of with liberty to move the Recovery Officer in the DRT, Guwahati regarding apprehension of dispossession from tenanted premises subject of O.A. No. 130 of 2013, upon receipt of certified order copy.

What did the court decide?

Liberty granted to move Recovery Officer No. II in DRT, Guwahati within a week of receiving certified order copy; no coercive measures pending representation.

Ananta Gogoi Vs Idbi Bank Ltd. and 5 Ors. — Consumer Protection | Gauhati HC (2018)

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GAHC010048632018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 1428/2018

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1:ANANTA GOGOI

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S/O- LT CHANDRA GOGOI, R/O- OPP. BANK OF INDIA, NEAR LIFE CARE NURSING HOME, JAYANAGAR, P.O. AND P.S. DULIAJAN, DIBRUGARH, PIN786602

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VERSUS

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1:IDBI BANK LTD. AND 5 ORS.

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A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 (1 OF 1956) AND A BANKING COMPANY WITHIN THE MEANING OF SECTION 5 (C) OF THE BANKING REGULATION ACT 1949 (10 OF 1949) AND HAVING ITS REGISTERED OFFICE AT IDBI BANK TOWER, WTC COMPLEX CUFE PARADE, MUMBAI 400005 AND A BRANCH OFFICE AT G.S.ROAD, GHY-5, ASSAM

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2:M/S RUPAM KR. BASAK AFTAB MARKET 1ST AFTAB MARKET 1ST FLOOR ULUBARI GHY-7

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3:RUPAM KR BASAK S/O- LT SACHINDRA KR BASAK R/O- AFTAB MARKET 1ST FLOOR ULUBARI GHY-7

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4:SMTI. RUNUMI DUARAH W/O- LT DHARANIDHAR DUARAH JAYANAGAR

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DULIAJAN TOWN DISTRICT DIBRUGARH ASSAM PIN-786602

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5:PRANTAR DUARAH S/O- LT DHARANIDHAR DUARAH JAYANAGAR DULIAJAN TOWN DISTRICT DIBRUGARH ASSAM PIN-786602

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6:PRANTIK DUARAH S/O- LT DHARANIDHAR DUARAH JAYANAGAR DULIAJAN TOWN DISTRICT DIBRUGARH ASSAM PIN-78660

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Advocate for the Petitioner : MR. R MAZUMDAR

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Advocate for the Respondent : MR. M DUTTA

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BEFORE

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HON BLE MR. JUSTICE PRASANTA KUMAR DEKA

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ORDER

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Date : 06-04-2018

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Heard Mr. R. Mazumdar, learned counsel, appearing for the petitioner and Mr. M. Dutta, learned counsel, appearing for the respondent No. 1.

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Mr. Mazumdar sought for withdrawal of this writ petition subject to liberty so that he can move the Recovery Officer in the DRT, Guwahati subject to supply of the certified copy of the order which was rejected by the DRT as the petitioner was not a party in the OA No. 130 of 2013. The learned Tribunal is directed to supply him the certified copy of the order whereafter he would move the Recovery Officer No. II in the learned DRT at Guwahati by bringing before the said Recover Officer the apprehension of being dispossessed from the tenanted premises which is the subject matter of O.A. No. 130 of 2013. Till disposal of the said representation no coercive measures be taken on the petitioner. Accordingly, liberty is granted to the petitioner to move the said forum. This writ petition is

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accordingly disposed of.

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The petitioner shall move the Recovery Officer No. II within a week from the date of receipt of the certified copy of the order as hereinabove mentioned.

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JUDGE

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Comparing Assistant

Ananta Gogoi v. Idbi Bank Ltd. and 5 Ors.

Case brief

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Ananta Gogoi v. Idbi Bank Ltd. and 5 Ors.

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