Disposed

On the Death of Kiran Ch. Deka @ Kiran Deka His Legal Heir Debabala Deka (Wife) v. the Assam Cooperative Apex Bank Ltd. and 2 Ors.

Gauhati HC14 Feb 2020I.A.(Civil)/96/2020

Case brief

AI extract

What is this about?

An application was filed to substitute Debabala Deka as the petitioner in WP(C) 4771/2017 after her husband, the original petitioner, died during the pendency of the writ petition challenging his dismissal. The court allowed the substitution upon hearing counsel.

What did the court decide?

Application to substitute Debabala Deka as petitioner in WP(C) 4771/2017 is allowed.

On the Death of Kiran Ch. Deka @ Kiran Deka His Legal… — Service and Employment | Gauhati HC (2020)

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Page No.# 1/2

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GAHC010316672019

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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) 96/2020 in WP(C) 4771/2017

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1:ON THE DEATH OF KIRAN CH. DEKA @ KIRAN DEKA HIS LEGAL HEIR DEBABALA DEKA (WIFE)

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W/O LATE KIRAN CH. DEKA @ KIRAN DEKA, PERMANENT R/O VILL. SARTHEBARI (JAMATHER CHUPA), BHAKTA DAS ROAD, P.O. SARTHEBARI, P.S. SARTHEBARI, DIST. BARPETA, ASSAM, PIN 781307, AGE 65 YRS

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VERSUS

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1:THE ASSAM COOPERATIVE APEX BANK LTD. and 2 ORS. REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE AT PANBAZAR, GUWAHATI 1

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2:THE BRANCH OFFICE ASSAM COOPERATIVE APEX BANK PATHSALA BRANCH P.O. AND P.S. PATHSALA DIST. BARPETA ASSAM PIN 781325

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3:THE BRANCH OFFICE ASSAM COOPERATIVE APEX BANK NAHARKATIA BRANCH NAHARKATIA DIST. SIBSAGAR ASSAM PIN 78661

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Advocate for the Petitioner : MR. K R PATGIRI Advocate for the Respondent : SC, APEX BANK

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER

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Date : 14-02-2020

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Heard Ms. P. Chakraborty, learned counsel for the applicant/ wife of the writ petitioner and Mr. D. Gogoi, learned Standing Counsel, Assam Co-Operative Apex Bank appearing for the opposite parties/ respondents.

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Applicant’s husband, namely Kiran Chandra Deka @ Kiran Deka during his lifetime filed the connected writ petition being WP(C) No. 4771/2017 against the order of his dismissal from service, which is pending for disposal.

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During the pendency of said WP(C) No. 4771/2017, its petitioner i.e., applicant’s husband expired on 28.01.2018.

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By this application, the applicant has prayed for substituting her name in place of her deceased husband, Kiran Chandra Deka, the petitioner in said WP(C) No. 4771/2017.

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Mr. D. Gogoi, learned Standing Counsel, Assam Co-Operative Bank has no objection for substituting the name of the applicant in place of the her husband, the petitioner in the connected WP(C) No. 4771/2017.

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After hearing the learned counsels for the parties and considering entire aspect of the matter, the prayer of the applicant is allowed to the extent that the applicant, namely, Debabala Deka be substituted as the petitioner on the death of her husband, Kiran Chandra Deka, the petitioner of the connected WP(C) No. 4771/2017.

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With the above observation and direction, this Interlocutory Application stands allowed.

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JUDGE

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Comparing Assistant

On the Death of Kiran Ch. Deka @ Kiran Deka His Legal Heir Debabala Deka (Wife) v. the Assam Cooperative Apex Bank Ltd. and 2 Ors.

Case brief

What is this about?

What did the court decide?

On the Death of Kiran Ch. Deka @ Kiran Deka His Legal Heir Debabala Deka (Wife) v. the Assam Cooperative Apex Bank Ltd. and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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