Smt Malabika Rajbongshi Vs the Union of India and 3 Ors.

¶1

Page No.# 1/4

¶2

GAHC010268192025

¶3

undefined

¶4

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

¶5

Case No. : WP(C)/6876/2025

¶6

SMT MALABIKA RAJBONGSHI

¶7

W/O- ASHIM RAJBONGSHI, GUARANTOR AND PARTNER OF M/S SILVERLINE ENTERPRISE, R/O HOUSE NO 14, NAMSIM HOUSING COMPLEX, CHRISTIAN BASTI, GUWAHATI, ASSAM, PIN 781005

¶8

VERSUS

¶9

THE UNION OF INDIA AND 3 ORS

¶10

REPRESENTED THROUGH ITS SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICE, 3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI 110001

¶11

2:THE BANK OF INDIA GUWAHATI SME BRANCH KILLA BUILDING GS ROAD GUWAHATI PIN 781005

¶12

3:THE CHIEF MANAGER CUM AUTHORIZED OFFICER BANK OF INDIA GUWAHATI SME BRANCH KILLA BUILDING G.S ROAD GUWAHATI PIN 781005

¶13

4:SHRI MONJIT BORKAKOTI CO- DISTRICT COMMISSIONER DISPUR GUWAHATI BASISTHA CHARIALI

¶14

Page No.# 2/4

¶15

GUWAHATI MAGISTRACY BRANCH ASSAM PIN 78102

¶16

Advocate for the Petitioner : MR. K N CHOUDHURY, MS P DEVI,MR P R SARMA Advocate for the Respondent : DY.S.G.I.,

¶17

BEFORE

¶18

HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

¶19

ORDER

¶20

Date : 03-12-2025

¶21

(K.R. Surana,J)

¶22

Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. P.R. Sarma, learned counsel for the petitioner. Also heard Mr. U.K. Goswami, learned CGC appearing for the respondent No.1 and Mr. A. Ganguly, learned counsel who is instructed to appear for the respondent nos.2 and 3.

¶23

In view of the order which is proposed to be passed, issuance of notice on the respondents is dispensed with.

¶24

The learned senior counsel for the petitioner projects that the petitioner proposes to challenge the steps taken by the respondent Nos. 2 and 3 under the SARFAESI Act before the jurisdictional Debt Recovery Tribunal at Guwahati. However, he is instructed that the Presiding Officer is on leave till 14.12.2025 and there is no likelihood of the matter been taken up before that. Accordingly expressing urgency in the matter, the present writ petition has been filed under Article 226 of the Constitution of India to assail the final intimation-cum-notice dated 28.11.2025 and actions consequential thereto.

¶25

Page No.# 3/4

¶26

The learned counsel appearing for the respondent Nos. 2 and 3 has opposed the prayer made in the writ petition and also questions the maintainability of the writ petition on the ground that as per the standing order bearing No. F.No.1/ 7/ DRAT/ Kol /2024 /106 dated 19.02.2025 issued by the Registrar of Debts Recovery Appellate Tribunal, Kolkata, in the absence of the Presiding Officer of Debt Recovery Tribunal, Guwahati, cases of urgent nature can be taken up by the Debt Recovery Tribunal, Siliguri and in the absence of Presiding Officer at Guwahati and Siliguri, the Debt Recovery Tribunal -II Kolkata is empowered to take up urgent applications. He further submits that application has to be filed before the Debt Recovery Tribunal at Guwahati. Thereafter, urgent application can be taken up by the Presiding Officer of the other Debt Recovery Tribunal, who is empowered by the said Office order dated 19.02.2025.

¶27

At this juncture, the learned senior counsel for the petitioner submitted that there are connected matter, being S.A 161/2025 filed before the Debt Recovery Tribunal, Guwahati by co-borrower and the matter is fixed on 15.12.2025. He therefore, submits that as per his instructions, the petitioner proposes to file an application before the Debt Recovery Tribunal Guwahati on 8.12.2025.

¶28

Under the circumstances and in view of the office order dated 19.02.2025, referred hereinabove, this Court is of the considered opinion that ends of justice will be met to allow the applicant to move the jurisdictional Debt Recovery Tribunal, Guwahati and in the event any urgency is expressed, the Presiding Officer of other designated Debt Recovery Tribunal, who is empowered to take up the matter can be moved to take up urgent matter.

¶29

Page No.# 4/4

¶30

It is provided in the interregnum that till 15.12.2025, the date fixed by the Debt Recovery Tribunal, Guwahati for taking up the S.A 161/2025, status quo with regard to possession in respect of security assets created shall not be disturbed. This interim direction shall lapse by efflux of time on 15.12.2025.

¶31

The writ petition stands closed without examining the matter on merit with liberty to the petitioner to move the jurisdictional Debt Recovery Tribunal, Guwahati, as she may be if so advised.

¶32

JUDGE

¶33

JUDGE

¶34

Comparing Assistant

Smt Malabika Rajbongshi v. the Union of India and 3 Ors.

Case brief

What is this about?

What did the court decide?

Smt Malabika Rajbongshi v. the Union of India and 3 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rabia Khatun Vs the State of Assam and 5 Ors.

Shri Krishna Bahadur Chetri Vs State of Nagaland and 3 Ors.

Shri. N. Likao Odyuo and 16 Ors. Vs the State of Nagaland and 77 Ors.

Chan Miya Alias Chand Miya Vs the Union of India

Habijul Islam Vs the Union of India and 5 Ors.

Samir Ali Vs the Union of India and 5 Ors.