Petitioners sought to challenge bank enforcement action but withdrew the writ petition with liberty to pursue their grounds before the DRT under Section 17 of the SARFAESI Act; the court dismissed the petition with that liberty.
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GAHC010024452024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/588/2024
M/S SWARGIARI EXOTIC PIG BREEDING FARM AND 2 ORS SASONI, NAHARKATIA, DIBRUGARH, ASSAM- 786610, REPRESENTED BY ITS PROPRIETOR SRI DEBRAJ SWARGARI
2: SRI DEBARAJ SWARGARI S/O- KESHAB CHANDRA SWARGARI AMGURI KHATOWA GAON DIBRUGARH ASSAM- 786610
3: KESHAB CHANDRA SWARGARI AMGURI KHATOWA GAON DIBRUGARH ASSAM- 78661
VERSUS
INDIAN BANK AND 4 ORS
REPRESENTED BY THE MANAGING DIRECTOR AND CEO, CORPORATE OFFICE 254-260, AVVAI SHANMUGAM SALAI, ROYAPETTAH, CHENNAI600014
2:THE ZONAL MANAGER INDIAN BANK ZONAL OFFICE T.R.PHUKAN ROAD CHIRING CHAPORI DIBRUGARH- 786001
3:THE BRANCH MANAGER INDIAN BANK CACHONI BRANCH DIBRUGARH ASSAM- 786001
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4:THE FIELD GENERAL MANAGER INDIAN BANK FIELD GENERAL MANAGERS OFFICE (FGMO) 2ND FLOOR GL PUBLICATION BUILDING GS ROAD ULUBARI GUWAHATI- 781007
5:THE AUTHORIZED OFFICER INDIAN BANK ZONAL OFFICE T.R. PHOOKAN ROAD CHIRING CHAPORI DIBRUGARH- 78600
Advocate for the Petitioner : MR R SENSUA
Advocate for the Respondent : SC, INDIAN BANK
BEFORE
HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
07.02.2024
(Vijay Bishnoi, CJ)
After hearing the arguments for quite some time, the learned counsel for
the petitioners submits on instructions that he wants to withdraw the writ petition with liberty to raise all the permissible legal grounds before the DRT in the proceedings under Section 17 of the SARFAESI Act, 2002.
Dismissed with liberty as prayed for.
JUDGE CHIEF JUSTICE
Comparing Assistant
1 provisions across 1 enactments
M/S Swargiari Exotic Pig Breeding Farm and 2 Ors
Debaraj Swargari
Keshab Chandra Swargari
Indian Bank and 4 Ors
Vijay Bishnoi
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
