Allowed

M/S. Rnt Enterprise and 2 Ors. v. the Allahabad Bank and Anr.

Gauhati HC8 Nov 2019WP(C)/8162/2019

Case brief

AI extract

What is this about?

An application was filed to correct typographical errors in an earlier order dismissing a writ petition. The High Court allowed the application, directing that the errors regarding section numbers of the SARFAESI Act be corrected in the record.

What did the court decide?

Directing that the order dated 08.11.2019 be corrected from 'Section 4' and 'Section 34' to 'Section 13(4)' and read accordingly.

M/S. Rnt Enterprise and 2 Ors. Vs the Allahabad Bank… — Banking and Recovery | Gauhati HC (2019)

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GAHC010280292019

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

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Case No. : I.A.(Civil) 3674/2019

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1:M/S. RNT ENTERPRISE AND 2 ORS.

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DAILY MARKET ROAD, WARD NO. 9, P.O. NAZIRA, DIST. SIVASAGAR, ASSAM, REPRESENTED BY ITS PARTNERS NAMELY TAFIZUL ISLAM HAZARIKA AND RAJIB JAMAL

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2: TAFIZUL ISLAM HAZARIKA S/O LATE RAFIQUL HAZARIKA R/O SUNPURA P.O. GORGAON DIST. SIBSAGAR PIN 785685 ASSAM.

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3: RAJIB JAMAL S/O SRI DANISH JAMAL R/O WARD NO. 9 P.O. AND P.S. NAZIRA DIST. SIVASAGAR PIN 785685 ASSAM

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VERSUS

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1:THE ALLAHABAD BANK

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REPRESENTED BY THE MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER, REGISTERED OFFICE AT HEAD OFFICE 2 NETAJI SUBASH ROAD, KOLKAT (OPPOSITE FAIRLIE, BESIDE WRITERS BUILDING), PIN 700001

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2:THE ALLAHABAD BANK REPRESENTED BY THE CHIEF MANAGER SIBSAGAR BRANCH J.P. AGARWALLA PATH

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PIN 785640 ASSAM

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Advocate for the Petitioner : MS D BORGOHAIN

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Advocate for the Respondent : SC, ALLAHABAD BANK

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Linked Case : WP(C) 8162/2019 1:M/S. RNT ENTERPRISE AND 2 ORS. DAILY MARKET ROAD WARD NO. 9 P.O. NAZIRA DIST. SIVASAGAR ASSAM REP.BY ITS PARTNERS NAMELY TAFIZUL ISLAM HAZARIKA AND RAJIB JAMAL 2: TAFIZUL ISLAM HAZARIKA S/O LT. RAFIQUL HAZARIKA R/O SUNPURA P.O. GORGAON DIST. SIBSAGAR PIN-785685 ASSAM 3: RAJIB JAMAL S/O SRI DANISH JAMAL R/O WARD NO. 9 P.O. AND P.S. NAZIRA DIST. SIBSAGAR PIN-785685 ASSAM VERSUS 1:THE ALLAHABAD BANK AND ANR. REP.BY THE MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER REGISTERED OFFICE AT HEAD OFFICE 2 NETAJI SUBASH ROAD KOLKATA (OPP. FAIRLIE BESIDE WRITERS BUILDING) PIN-700001

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2:THE ALLAHABAD BANK REP. BY THE CHIEF MANAGER SIBASAGAR BRANCH J.P. AGARWALLA PATH PIN-785640 ASSAM

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Advocate for the Petitioner : MS D BORGOHAIN Advocate for the Respondent : SC ALLAHABAD BANK

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 15-11-2019

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AM Bujor Barua, J

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Heard Ms. D Borgohain, learned counsel for the applicants.

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This interlocutory application is preferred for correcting certain typographical error appearing in the order dated 08.112019 in WP(C)No.8162/2019.

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In WP(C)No.8162/2019, in paragraph 2 of the order dated 08.11.2019, it was provided that “A notice under Section 4 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 has been assailed in this writ petition, in a situation, where an appeal lies against the same before the Debt Recovery Tribunal (for short, DRT) under Section 17 of the Act……”. The provision a notice under Section 4 stands corrected and be now read to be “A notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 has been assailed in this writ petition, in a situation, where an appeal lies against the same before the Debt Recovery Tribunal (for short, DRT) under Section 17 of the Act……”.

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Similarly in paragraph 5 which provided that “in the meantime, the operation of the impugned notice dated 22.10.2019 under Section 34 issued against the petitioners by the respondent Allahabad Bank shall remain stayed for a period of 6(six) weeks from today or till a regular Presiding Officer is appointed at DRT Guwahati, whichever is earlier” stands corrected and be now read as “in the meantime, the operation of the impugned notice dated 22.10.2019 under Section 13(4) issued against

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the petitioners by the respondent Allahabad Bank shall remain stayed for a period of 6(six) weeks from today or till a regular Presiding Officer is appointed at DRT Guwahati, whichever is earlier.”

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The order dated 08.11.2019 passed in WP(C)No.8162/2019 stands corrected by incorporating the aforesaid corrections.

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Interlocutory applications stands disposed of.

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JUDGE JUDGE

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Comparing Assistant

M/S. Rnt Enterprise and 2 Ors. v. the Allahabad Bank and Anr.

Case brief

What is this about?

What did the court decide?

M/S. Rnt Enterprise and 2 Ors. v. the Allahabad Bank and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

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