The Gauhati High Court dismissed the writ petition challenging an order of the Recovery Officer. The Court held that since the petitioner had a statutory remedy under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, it was not inclined to interfere.
The writ petition was dismissed.
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GAHC010140782021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5589/2021
MD. ABDUL KHALEK
S/O LAL MIA, R/O VILL-HASHILAPARA, P.O.-GOALPARA, DIST-GOALPARA, ASSAM, PIN-783101
VERSUS
THE ASSAM GRAMIN VIKASH BANK AND 2 ORS REPRESENTED BY THE GENERAL MANAGER, G.S. ROAD, BHANGAGARH, GUWAHATI-05
2:THE BRANCH MANAGER ASSAM GRAMIN VIKASH BANK GOALPARA BRANCH DIST- GOALPARA ASSAM PIN-783101
3:THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL ULUBARI GUWAHATI-0
Advocate for the Petitioner : MR. M A ISLAM
Advocate for the Respondent : SC, A G V B
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-B E F O R E-
HON’BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON’BLE MR. JUSTICE DEVASHIS BARUAH
22.11.2021
Heard Mr. M. Rana, learned counsel for the petitioner. Also heard Ms. M. Dey, learned counsel for the respondent Bank.
This writ petition has been filed challenging the order dated 13.08.2021 passed by the Recovery Officer, Debts Recovery Tribunal, Guwahati in OA/25/2018 as well as the Eviction Notice dated 13.08.2021.
A preliminary objection has been raised by the Bank that the petitioner has a statutory remedy of filing an appeal before the Appellate Tribunal under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, which he must avail before approaching this Court by way of a writ petition.
Since the petitioner has a statutory remedy of filing an appeal under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993 before the Appellate Tribunal, we are not inclined to interfere in the matter.
The writ petition is dismissed.
JUDGE CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Whether the petitioner should approach the Debts Recovery Tribunal by way of writ petition after having a statutory remedy of appeal under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993.
1 provisions across 1 enactments
MD. ABDUL KHALEK
THE ASSAM GRAMIN VIKASH BANK
SUDHANSHU DHULIA
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
