Writ petition held infructuous and dismissed following withdrawal of notices for auction of assets by respondents due to recalled Proclamation of Sale and Auction Sale Notice.
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GAHC010032642020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
WP(C)/1077/2020
SHANTA PRASAD CHAKRAVARTY AND 3 ORS. SON OF LATE TARA PRASAD CHAKRAVARTY OCCUPATION BUSINESSMAN RESIDENT OF T R PHUKAN ROAD CHIRINGCHAPARI DIBRUGARH-786001 ASSAM.
2: MADHUSANDHYABARKATAKI
DAUGHTER OF LATE TARAPRASADCHAKRAVARTY AND WIFE OF SANJAY BARKATAKI RESIDENT OF B-46 AASHIRWAD BUILDING 2ND CROSS LANE LOKHANDWALA ANDHERI W MUMBAI-400053.
3: MADHUKRISHNABARUAH DAUGHTER OF LATETARAPRASADCHAKRAVARTY RESIDENT OFT R PHUKANROAD CHIRINGCHAPARI DIBRUGARH-786001 ASSAM.
4: NIZARA DEVI
WIFE OF LATE TARAPRASADCHAKRAVARTY RESIDENT OFT R PHUKAN ROAD CHIRINGCHAPARI DIBRUGARH-786001 ASSAM. VERSUS
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THE SECRETARY CUM P.F.COMMISSIONER AND 9 ORS ASSAM TEA PLANTATIONS PROVIDENT FUND AND PENSION FUND SCHEME NIDHIBHAWAN LALMATI NH 37 BASISTHA GUWAHATI -781029 2:THE ASSISTANT P F COMMISSIONER ATPPF AND PF SCHEME MILAN NAGAR WEST P.O. C R BUILDING DIBRUGARH DISTRICT DIBRUGARH 786003 3:THE RECOVERY OFFICER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION DIBRUGARH ZONE MILAN NAGAR WEST P.O. C R BUILDING DIBRUGARH DISTRICT DIBRUGARH 786003 4:M/S. BOCHAPATHAR TEA ESTATE PVT. LTD. HAVING ITS REGISTERED OFFICE P.N. ROAD DIBRUGARH ASSAM INDIA PIN-786001 5:SANJEEB KUMAR CHAKRAVARTY SON OF LATEBISHNU PRASAD CHAKRAVARTY RESIDENT OF P.N ROAD DIBRUGARH ASSAM INDIA. PIN CODE 786 001 6:SRI CHITTARANJANCHAKRAVARTY SON OF LATE UMA PRASAD CHARKRAVARTY RESIDENT OF P.N ROAD DIBRUGARH ASSAM INDIA. PIN CODE 786 001. 7:SRI TRIDIB KUMAR CHAKRAVARTY SON OFLATEBISHNU PRASAD CHAKRAVARTY RESIDENT OF P.N ROAD DIBRUGARH ASSAM INDIA. PIN CODE 786 001.
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8:SUNIL KUMAR AGARWALLA MD
CHANDRABALI COMMERCIAL (I) PVT LTD S/O- LATE RAGHUNATH AGARWALLA R/O- VILL- CHIRING GAON WARDP.O AND P.S- AND DIST- DIBRUGARH ASSAM
-----------Advocate for : MR. R DUBEY Advocate for : SC
PF appearing for THE SECRETARY CUM P.F.COMMISSIONER AND 9 ORS
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER
01.03.2023
Mr. R. Dubey, learned counsel for the petitioner has submitted that the subject-matter of the writ petition has become infructuous in view of withdrawal of Proclamation of Sale dated 17.01.2020 and Auction Sale Notice dated 18.01.2020 in respect of Recovery Certificate no. [i] PF/Recovery/2017/E-023/6660-62 dated 16.09.2017 of Nandanban T.E.[E-023], [ii] PF/Recovery/2017/E-089/6663-65 dated 16.09.2017 of Kailashpur T.E.[E-089], and [iii] PF/Recovery/2017/E-023/6666-68 dated 16.09.2017 of Bochapathar T.E.[E-286].
Mr. R. Sarma, learned Standing Counsel, Assam Tea Employees Provident Fund Organization [ATEPFO] has also endorsed the submission of Mr. Dubey, learned counsel for the petitioner and has produced a copy of the paper publication dated 19.02.2023 whereby the Proclamation of Sale dated 17.01.2020 and Auction Sale Notice dated 18.01.2020 were recalled.
In view of the above submissions of the learned counsel for the parties, the writ petition stands dismissed as infructuous.
JUDGE
Comparing Assistant
Shanta Prasad Chakravarty and 3 Ors.
The Secretary Cum P.F. Commissioner and 9 Ors.
Manish Choudhury
As recorded by the court registry
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