The Gauhati High Court dismissed an appeal which was not pressed by the appellant counsel after the恢复 Tribunal issued a certificate of sale and directed joint claims. No costs were awarded.
The appeal is dismissed as not pressed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010181882020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/4/2021
ASOMI INDUSTRIES PRIVATE LTD. AND ANR.
HAVING ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF BUSINESS AT ASOMI CAMPUS H/NO. 32A. B.R. DEKA N.H. 37 (BY PASS) JALUKBARI, GUWAHATI-781014 REP. BY ITS DIRECTOR
2: SUBHRA JYOTI BHARALI S/O SRI BHABANANDA BHARALI R/O LANKEWAR JALUKBARI GUWAHATI-14 AND PRINCIPAL PLACE OF BUSINESS AT H/NO. 32A B. R. DEKA PATH N.H. 37 (BY PASSA) JALUKBARI GUWAHATI-781014 DIRECTOR OF APPELLANT NO.
VERSUS
ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION AND 5 ORS. REP. BY ITS COMMISSIONER CUM SECRETARY, NIDHI BHAWAN, BASISTHA, LALMATI, GUWAHATI-29,KAMRUP(M), ASSAM
2:THE FUND CONTROLLER OFFICER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION B. BARUAH ROAD AMULAPATTY P.O. AND DIST. NAGAON ASSAM
3:THE RECOVERY OFFICER CUM ASSISTANT P.F. COMMISSIONER. TEZPUR ZONE ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION NIDHI BHAWAN NIKAMUL SATRA
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MAZGAON TEZPUR DIST. SONITPUR ASSAM-784154
4:SECONEE TEA ESTATE NAGAON REP. BY ITS MANAGER P.O. JAKALABANDHA DIST. NAGAON-782136 ASSAM 5:BORHULA (S) TEA INDUSTRIES SECONEE BORHULLA GAON REP. BY ITS PARTNER SRI RAJKUMAR BORTHAKUR P.O. JAKHALABANDHA DIST. NAGAON ASSAM PIN-782136
6:PUNJAB NATIONAL BANK (PNB) GUWAHATI BRANCH (FORMERLY UBI GUWAHATI BRANCH WHICH HAS BEEN TAKEN OVER BY PNB AFTER AMALGAMATION) REPRESENTED BY ITS BRANCH MANAGER
Advocate for the Petitioner : MR. S P ROY
Advocate for the Respondent : SC, ATEPFO
BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 01.08.2022
(R.M. Chhaya, CJ)
Heard Mr. S.P. Roy, learned counsel for the appellants. Also heard Mr. K.N. Choudhury, learned senior counsel for the respondent Nos. 1,2 and 3 as well as Mr. S. Dutta, learned senior counsel for the respondent Punjab National Bank.
Mr. S. Dutta, learned senior counsel has produced a copy of the order dated 20.10.2021 passed by the Debts Recovery Tribunal, Guwahati, in OA/13/2010 which reads
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as under:
“ Shri T. Hassan, Nodal Officer appeared for Certificate Holder Bank (CHB) for brevity).
None appeared for Certificate Debtors (CD for brevity)
CHB filed form 21 that explains that the purchaser has got possession of the property on 19.10.2021.
Order
Mr. S.P. Roy, learned counsel for the appellants in the light of the above order, does not press this appeal.
The appeal is dismissed as not pressed. No costs.
JUDGE CHIEF JUSTICE
Comparing Assistant
Colour shows how this judgement treated each authority
Order dated 20.10.2021 in OA/13/2010 passed by Debts Recovery Tribunal, GuwahatiReferred¶23
Asomi Industries Private Ltd. and Anr.
Assam Tea Employees Provident Fund Organization and Ors.
Punjab National Bank
Soumitra Saikia
R.M. Chhaya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
