Writ petition challenging banking proceedings held infructuous as SARFAESI Act proceedings were undertaken, possession taken, and matter pending before the Debts Recovery Tribunal. Petition disposed of.
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GAHC010155862022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5228/2022
THE BANK OF BARODA AND ANR.
HAVING ITS H.O AT BARODA BHAVAN, RC DUTT ROAD, ALKAPURI, BARODA-390007, GUJRAT REP. BY CHAIRMAN
2: THE AUTHORISED OFFICER BANK OF BARODA TEZPUR BRANCH M.D ROAD NEAR IDD GAAH FIELD
TEZPUR-784001 DIST- SONITPUR ASSA
VERSUS
THE STATE OF ASSAM AND 5 ORS. REP. BY THE ADVOCATE GENERAL OF ASSAM
2:DEPUTY COMMISSIONER SONITPUR O/O THE DEPUTY COMMISSIONER SONITPUR TEZPUR ASSAM
3:M/S GABHARU ENTERPRISE HALESWAR GOROIMARI
P.O- HALESWAR
DIST- SONITPUR ASSAM PIN-784104
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A PROPRIETORSHIP FIRM REP. BY ITS PROPRIETOR SIMANTA SAIKIA
4:M/S S.M ASSOCIATES HALESWAR GOROIMARI P.O- HALESWAR P.S- TEZPUR
DIST- SONITPUR ASSAM PIN-784104 A PARTNERSHIP FIRM REP. BY ITS PARTNERS SIMANTA SAIKIA AND MEENA SAIKIA
5:SIMNTA SAIKIA S/O- KESHAB SAIKIA R/O- HALESWAR GOROIMARI
P.O- HALESWAR
DIST- SONITPUR ASSAM PIN-784104
6:MEENA SAIKIA W/O- SIMANTA SAIKIA R/O- HALESWAR GOROIMARI
P.O- HALESWAR
DIST- SONITPUR ASSAM PIN-78410
Advocate for the Petitioner : MR. B SHARMA
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
06-09-2022
R.M. Chhaya, C.J.
Heard Mr. B. Sharma, learned counsel for the petitioners; Ms. M. Bhattacharjee, learned Addl. Senior Government Advocate, Assam for the respondents No. 1 and 2 and Mr. B.D. Goswami, learned counsel for the respondents No. 3 to 6.
The learned counsel for the respondents pointed out that the cause of this petition does not survive as the proceedings under the SARFAESI Act have already been undertaken and the possession has also taken over and the proceedings are presently pending before the Debts Recovery Tribunal.
In view of the aforesaid, the petition stands disposed of as having become infructuous.
JUDGE CHIEF JUSTICE
Comparing Assistant
The Bank of Baroda And Anr.
The State Of Assam
R. M. Chhaya
Soumitra Saikia
As recorded by the court registry
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