Disposed

Shonjit Adhikary v. the Punjab National Bank and 2 Ors.

Gauhati HC2 Sept 2022WP(C)/5692/2022

Case brief

AI extract

What is this about?

The High Court disposed of this writ petition at the hearing stage, noting that the petitioner purchased an auctioned property but could not take possession due to a DRT status quo order. The court directed the Tribunal to finally dispose of the pending proceedings within 60 days.

What did the court decide?

Disposed with a request to the learned Tribunal to expeditiously dispose of the pending proceeding within 60 days.

Shonjit Adhikary Vs the Punjab National Bank and 2 Ors. — Banking and Recovery | Gauhati HC (2022)

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GAHC010175082022

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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)/5692/2022

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SHONJIT ADHIKARY

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S/O- LATE NARASWAR DEV ADHIKARY, R/O- REGENT PARADISE, BLOCK3B, 3RD FLOOR, B-2, P.S HATIGAON, P.O. BELTOLA, GUWAHATI-781028, KAMRUP(M), ASSAM

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VERSUS

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THE PUNJAB NATIONAL BANK AND 2 ORS

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A BODY INCORPORATED AND CONSTITUTED UNDER BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 AND HAVING ITS REGISTERED HEAD OFFICE AT 7, BHIKAJI CAMA PLACE, NEW DELHI AND HAVING AMONGST OTHERS, ONE BRANCH OFFICE AT FANCY BAZAR, GUWAHATI-781001, KAMRUP(M), ASSAM AND REPRESENTED BY ITS BRANCH MANAGER.

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2:THE BRANCH MANAGER PUNJAB NATIONAL BANK FANCY BAZAR BRANCH LIC BUILDING S.S. ROAD FANCY BAZAR GUWAHATI-781001 KAMRUP(M) ASSAM

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3:THE AUTHORISED OFFICER PUNJAB NATIONAL BANK FANCY BAZAR BRANCH LIC BUILDING SS ROAD FANCY BAZAR GUWAHATI-781001

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KAMRUP(M) ASSA

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Advocate for the Petitioner : MR. A CHAMUAH

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Advocate for the Respondent : SC, PNB

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 02/09/2022

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Heard Mr. A. Chamuah, learned counsel for the writ petitioner. Also heard Mr. A. Ganguly, learned counsel representing the respondent bank.

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It appears that the writ petitioner had purchased a property put up in auction sale by the respondent bank where after, 25% of the amount had also been deposited by him. Mr. Chamuah submits that his client is ready and willing to deposit the balance 75% and take over possession of the property. That apart, there is already an agreement signed by the petitioner with prospective purchaser for disposal of this present asset. Under the circumstances, if the confirmation of sale and handing over the possession of the property is delayed, the same would cause irreparable loss to the petitioner. Mr. Chamuah submits that in view of the order dated 24/11/2021 passed by the learned DRT, Guwahati in NDN 587/2021 and the connected IAs, directing maintenance of status quo, the petitioner has not been able to take over the property by the bank.

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Mr. A. Ganguly, learned counsel representing the respondent bank also submits that due to the order of status quo pased by the learned DRT, the bank is not in a position to take further action in the matter. Mr. Ganguly further submits that the proceeding is fixed before the learned DRT again on 07/09/2022. However, the petitioner is not a party to the said proceeding instituted by the principal borrower.

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Taking note of the facts and circumstances of the case, this writ petition is being disposed of at

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the stage of motion hearing with a request to the learned Tribunal to expeditiously dispose of the pending proceeding. If possible, the NDN pending before the learned DRT be finally disposed of within a period of 60(sixty) days from the date of receipt of a certified copy of this order.

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With the above observation, the writ petition stands closed.

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JUDGE

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sukhamay

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Comparing Assistant

Shonjit Adhikary v. the Punjab National Bank and 2 Ors.

Case brief

What is this about?

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Shonjit Adhikary v. the Punjab National Bank and 2 Ors.

Case brief

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What the court decided

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