Disposed

Bitupon Kankan Pegu and Anr. v. Punjab National Bank and 3 Ors.

Gauhati HC16 Jun 2022WP(C)/2326/2022

Case brief

AI extract

What is this about?

The High Court granted the petitioners another opportunity to deposit the remaining balance of Rs. 5,00,000/- by July 19, 2022. Upon payment, they must submit a One Time Settlement proposal for the bank's sympathetic consideration.

What did the court decide?

Petition closed; direction to deposit Rs. 5,00,000/- by 19.07.2022 and submit One Time Settlement proposal.

Bitupon Kankan Pegu and Anr. Vs Punjab… — Contract and Commercial Disputes | Gauhati HC (2022)

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GAHC010055712022

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

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Case No. : WP(C)/2326/2022

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BITUPON KANKAN PEGU AND ANR S/O. RAJIB LOCHAN PEGU, R/O. HOUSE NO.A6, NABODOIPATH, HENGRABARI, GUWAHATI, ASSAM, DIST. KAMRUP (M).

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2: MRINALI PEGU D/O. KAMBA DOLEY R/O. HOUSE NO.A6 NABODOI PATH HENGRABARI GUWAHATI ASSAM DIST. KAMRUP (M)

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VERSUS

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PUNJAB NATIONAL BANK AND 3 ORS

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HAVING ITS HEAD OFFICE AT G.S. ROAD, BHANGAGHAR, GUWAHATI781005.

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2:SENIOR MANAGER

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PUNJAB NATIONAL BANK G.S. ROAD BRANCH GUWAHATI.

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3:REGIONAL OFFICER

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PUNJAB NATIONAL BANK G.S. ROAD BRANCH GUWAHATI.

4:AUTHORIZED OFFICER

PUNJAB NATIONAL BANK

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G.S. ROAD BRANCH GUWAHATI

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Advocate for the Petitioner : MR S BORTHAKUR

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Advocate for the Respondent : SC, PNB

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BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON'BLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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16.06.2022

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[ N. Kotiswar Singh, CJ(Acting) ]

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Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. A. Ganguly,

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learned standing counsel, Punjab National Bank, appearing for all the respondents.

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2. It has been submitted by the respondent bank that though the petitioners claim to

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have deposited an amount of ` 4,00,000/- on 08.06.2022, the said amount had not been credited to the Bank.

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3. Learned counsel for the petitioners on verification has submitted that because of lack of funds the said cheque deposited to the bank was dishonoured and accordingly, submits that he will make the necessary deposit.

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4. Learned counsel appearing for the respondent bank on instruction also has submitted

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that as on date out of 10,00,000/- which was required to be deposited, the petitioners have already deposited 9,00,000/- only.

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5. In that view of the matter, we give another opportunity to the petitioners to deposit

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Page No.# 3/3

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another amount of 5,00,000/- by 19.07.2022 and on their deposit of 5,00,000/- on or before 19.07.2022, the petitioners will submit a One Time Settlement proposal to the bank and the bank will consider the said proposal sympathetically in accordance with law, so that the petitioners may get some opportunity to settle the loan account within a reasonable time.

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6. Learned counsel appearing for the respondent bank also submits that if the petitioners deposit ` 5,00,000/- on or before 19.07.2022, any such one time proposal which may be submitted by the petitioners will be sympathetically considered in accordance with law and necessary course of action will be intimate to the petitioners. In view of the above submission made by the learned counsel for the parties, we are of the opinion that the matter can be closed.

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7. Accordingly, after hearing the learned counsel for the parties, the petition is closed. However, the petitioners will deposit a sum of ` 5,00,000/- on or before 19.07.2022 and on the same day the petitioners will also submit a One Time Settlement proposal to the bank, which will be sympathetically considered in accordance with law by the bank so that the final settlement can be made. Till any such response is given by the bank to the proposal for One Time Settlement, no coercive action shall be taken against the petitioners.

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8. With the above observation, the present petition stands closed.

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Sd/- Soumitra Saikia Sd/- N. Kotiswar Singh JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Bitupon Kankan Pegu and Anr. v. Punjab National Bank and 3 Ors.

Case brief

What is this about?

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Bitupon Kankan Pegu and Anr. v. Punjab National Bank and 3 Ors.

Case brief

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