Allowed

Ganesh Chandra Dutta and 2 Ors. v. Idbi Bank Ltd. and Anr.

Gauhati HC9 Mar 2021I.A.(Civil)/533/2021

Case brief

AI extract

What is this about?

An application was filed in a connected writ petition to substitute the deceased petitioner, Dipali Dutta, with her legal heirs. The Gauhati High Court, without objection from the respondent bank, allowed the substitution.

What did the court decide?

The application for substitution of the deceased petitioner by her legal heirs was allowed; they were impleaded as petitioners.

Ganesh Chandra Dutta and 2 Ors. Vs Idbi Bank Ltd. and… — Service and Employment | Gauhati HC (2021)

¶1

Page No.# 1/3

¶2

GAHC010022072021

¶3

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

¶4

Case No. : I.A.(Civil)/533/2021

¶5

GANESH CHANDRA DUTTA AND 2 ORS. S/O. LATE BHIMEN DUTTA, R/O. NIZ KADAMANI, P.O. BOIRAGIMOTH, DIST. DIBRUGARH, ASSAM, PIN- 785670

¶6

2: DHRUBAJIT DUTTA S/O. SRI GANESH CHANDRA DUTTA R/O. NIZ KADAMANI P.O. BOIRAGIMOTH DIST. DIBRUGARH ASSAM 3: SIDDHARTHA DUTTA S/O. SRI GANESH CHANDRA DUTTA R/O. NIZ KADAMANI P.O. BOIRAGIMOTH DIST. DIBRUGARH ASSAM PIN- 78567

¶7

VERSUS

¶8

IDBI BANK LTD. AND ANR.

¶9

A COMPANY INCORPORATED AND REGD. 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 1049) AND HAVING ITS REGD. OFFICE AT IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI-400005 AND BRANCH OFFICES INCLUDING ONE AT GUWAHATI AT PANBAZAR, SATYA NIWAS, OPPOSITE SUKLESHWAR MANDIR, M.G. ROAD, PANBAZAR, GHY- 1 KNOWN AS GUWAHATI PANBAZAR BRANCH

¶10

2:THE ASSISTANT GENERAL MANAGER AND BRANCH HEAD IDBI BANK LTD. GUWAHATI PANBAZAR BRANC

¶11

Page No.# 2/3

¶12

Advocate for the Petitioner : MR. A J DAS

¶13

Advocate for the Respondent : MR. M DUTTA

¶14

Linked Case : WP(C)/8497/2018

¶15

DIPALI DUTTA

¶16

W/O SRI GANESH CHANDAN DUTTA R/O NIZ KADAMANI

¶17

P.O. BOIRAGIMOTH

¶18

DIST. DIBRUGARH ASSAM- 785670.

¶19

VERSUS

¶20

IDBI BANK LTD. AND ANR.

¶21

A COMPANY INCORPORATED AND REGISTERED 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 1049) AND HAVING ITS REGISTERED OFFICE AT IDBI TOWER WTC COMPLEX CUFFE PARADE MUMBAI-400005

¶22

AND BRANCH OFFICES INCLUDING ONE AT GUWAHATI AT PANBAZAR

¶23

SATYA IWAS

¶24

OPPOSITE SUKLESHWAR MANDIR

¶25

M.G. ROAD

¶26

PANBAZAR

¶27

GUWAHATI- 781001 KNOWN AS GUWAHATI PANBAZAR BRANCH.

¶28

2:THE ASSISTANT GENERAL MANAGER AND BRANCH HEAD

¶29

IDBI BANK LIMITED

¶30

GUWAHATI PANBAZAR BRANCH.

¶31

¶32

Page No.# 3/3

¶33

Advocate for : S N SARMA Advocate for : MR. M DUTTA (R1 R2) appearing for IDBI BANK LTD. AND ANR.

¶34

BEFORE

¶35

THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

¶36

order

¶37

09.03.2021

¶38

Heard Mr. AJ Das, learned counsel for the petitioner.

¶39

This is an application for substitution of the deceased petitioner by her legal heirs namely:

¶40

i. Sri Ganesh Chardra Dutta, son of Late Bhimen Dutta aged about 85 years, resident of Niz Kadamani, P.O. Boiragimoth, District- Dibrugarh, Assam.

¶41

ii. Sri Dhrubajit Dutta, son of Sri Ganesh Chandra Dutta, aged about 40 years, resident of Niz Kadamani, P.O. Boiragimoth, district- Dibrugarh, Assam.

¶42

iii. Sri Siddhartha Dutta, son of Sri Ganesh Chandra Dutta, aged about 33 years, resident of Niz Kadamani, P.O. Boiragimoth, district- Dibrugarh, Assam.

¶43

Ms. N Nath, learned counsel for the respondent Bank fairly submits that she has no objection in the event the substitution petition is allowed.

¶44

In view of the same, the aforesaid legal heirs of late Dipali Dutta are allowed to be impleaded as the petitioners in the connected writ petition.

¶45

JUDGE

¶46

Comparing Assistant

Ganesh Chandra Dutta and 2 Ors. v. Idbi Bank Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Ganesh Chandra Dutta and 2 Ors. v. Idbi Bank Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S. Sarala Brick Industry and Anr. Vs the State of Assam and 4 Ors.

Mastafizur Sarkar Vs the State of Assam and 3 Ors.

Maniram Kakati Vs the State of Assam and 5 Ors.

Kamrul Hussain Mazarbhuiya Vs the State of Assam and 7 Ors.

Hafiza Khatun Vs the State of Assam and 3 Ors.

Abhijit Chakraborty Vs the State of Assam and 4 Ors.