Partly allowed

Md. Anish Ali and 6 Ors. v. Assam Gramin Vikash Bank and 4 Ors.

Gauhati HC5 Feb 2024WP(C)/2623/2020

Case brief

AI extract

What is this about?

The Gauhati High Court allowed withdrawal of a writ petition regarding a dispute involving Assam Gramin Vikash Bank. The court directed parties to approach the Debt Recovery Tribunal under Section 17 of the SARFAESI Act, 2002, and excluded the pendency period for limitation computation.

What did the court decide?

The writ petition was closed on withdrawal; liberty granted to approach the Debt Recovery Tribunal; pendency period excluded for limitation.

Md. Anish Ali and 6 Ors. Vs Assam Gramin Vikash Bank… — Banking and Recovery | Gauhati HC (2024)

¶1

Page No.# 1/4

¶2

GAHC010087492020

¶3

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

¶4

Case No. : WP(C)/2623/2020

¶5

MD. ANISH ALI AND 6 ORS. S/O- MD. AYUB ALI, R/O- NAOBOISHA GAON, P.O. DICHOINAGAR, P.S. JORHAT, DIST.- JORHAT, ASSAM, PIN- 785001

¶6

2: SAHADEB KHATUA S/O- SRI SUKUMAR KHATUA R/O- BASHBARI P.O. RAJABARI P.S. JORHAT DST.- JORHAT ASSAM PIN- 785001

¶7

3: JOYDEB KHATUA S/O- SRI SUKUMAR KHATUA R/O- BASHBARI P.O. RAJABARI P.S. JORHAT DST.- JORHAT ASSAM PIN- 785001

¶8

4: SURAJIT BERA S/O- SRI SUDARSHAN BERA R/O- BASHBARI P.O. RAJABARI P.S. JORHAT DST.- JORHAT ASSAM PIN- 785001

¶9

5: ANANDA NAVEL S/O- MAHADEV NAVEL R/O- A.T.ROAD

¶10

Page No.# 2/4

¶11

LACHIT BAZAR P.O. JORHTA P.S. JORHAT DIST.- JORHAT ASSAM PIN- 785001 6: DIBYAJYOTI SAIKIA S/O- LT. BIPUL SAIKIA R/O- CHOLADHARA P.O. JORHAT P.S. JORHAT ASSAM PIN- 785001

¶12

7: UTTAM JANA S/O- LT. SUDARSHAN JANA R/O- MITHAPUKHURI ROAD WARD NO.8 JORHAT TOWN P.O. JORHAT P.S. JORHAT DIST.- JORHAT ASSAM PIN- 78500

¶13

VERSUS

¶14

ASSAM GRAMIN VIKASH BANK AND 4 ORS. REP. BY ITS CHAIRMAN, HAVING ITS H.O. AT SHANTI COMPLEX, G.S.ROAD, BHANGAGARH, P.O. BHANGAGARH, DIST.- KAMRUP (M), ASSAM, PIN- 781005

¶15

2:REGIONAL MANAGER ASSAM GRAMIN VIKASH BANK GOLAGHAT REGIONAL OFFICE KUSHAL PATH NEW AMULAPATTY P.O. AND P.S. GOLAGHAT DIST.- GOLAGHAT ASSAM PIN- 785621 3:THE AUTHORISED OFFICER ASSAM GRAMIN VIKASH BANK GOLAGHAT REGIONAL OFFICE KUSHAL PATH NEW AMULAPATTY

¶16

Page No.# 3/4

¶17

P.O. AND P.S. GOLAGHAT DIST.- GOLAGHAT ASSAM PIN- 785621 4:THE BRANCH MANAGER ASSAM GRAMIN VIKASH BANK GAR ALI BRANCH P.O. JORHAT P.S. JORHAT DIST.- JORHAT ASSAM PIN- 785001 5:RANJAN ROY S/O- PRAHLAD ROY R/O- MITHAPUKHURI ROAD P.O. JORHAT P.S. JORHAT DIST.- JORHAT ASSAM PIN- 78500

¶18

For the Petitioner(s) : Mr. S. N. Tamuli, Advocate

¶19

For the Respondent(s) : Mrs. M. Dey, Standing Counsel

¶20

BEFORE

¶21

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

¶22

ORDER

¶23

Date : 06.02.2024

¶24

The learned counsel appearing on behalf of the Petitioners submitted that in view of the provisions of Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the Act of 2002”), the Petitioners would be well advised to approach the jurisdictional Debt Recovery Tribunal rather than pursue the instant proceedings. He therefore submitted that the Petitioners may be permitted to withdraw the

¶25

Page No.# 4/4

¶26

instant writ petition without prejudice to their rights and claims and the period during which the instant proceedings have been pending be excluded while computing the period of limitation.

¶27

This Court has duly taken note of the submissions so made and from a perusal of the orders which have been passed, it reveals that the Petitioners have been bonafidely pursuing their remedies under this proceedings. Be that as it may, the dispute involved in the instant proceedings can be decided in a proceedings under Section 17 of the Act of 2002 and as such, this Court closes the instant writ petition on withdrawal and grants the liberty to the Petitioners to approach the jurisdictional Debt Recovery Tribunal.

¶28

It is also observed that as the Petitioners have been bonafidely litigating the instant proceedings since 17.06.2020, the period from 17.06.2020 till date be excluded while computing the period of limitation. It is also observed that the withdrawal of the instant writ petition shall not prejudice the writ petitioners in their rights and claims over the property in question before the Debt Recovery Tribunal.

¶29

JUDGE

¶30

Comparing Assistant

Md. Anish Ali and 6 Ors. v. Assam Gramin Vikash Bank and 4 Ors.

Case brief

What is this about?

What did the court decide?

Md. Anish Ali and 6 Ors. v. Assam Gramin Vikash Bank and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Purbattar Yduog Handicraft Co-Operative Socieites Ltd. Vs the State of Assam and 5 Ors.

M/S. Synpack Finance Pvt. Ltd. Vs the State of Assam and 5 Ors.

Jonaki Das Vs the State of Assam and 8 Ors.

Roumari Co. Operative Fishery Society Ltd. Vs the State of Assam and 4 Ors.

Mangaldai Pioneers Co. Operative Society Ltd. Vs the State of Assam and 4 Ors.

Sati Radhika Matsyajibi Samabai Samity Limited Vs the State of Assam and 4 Ors.