Abhigya Borooah v. Industrial Development Bank of India Ltd. and 4 Ors

ORDER

01.12.2023 Heard Mr. T. Roy, learned counsel for the petitioner. Also heard Mr. R. De, learned counsel for the respondent no.1 and Ms. J. Paul, learned counsel for the respondents. This writ petition has been filed by the petitioner putting to challenge the order dated 20.01.2020 passed by the Recovery Officer, Debts Recovery Tribunal, Guwahati in OA no.3/2007. A joint petition was filed by the petitioner and the respondent nos. 2 & 3 seeking permission to sell the property covered by Dag no.4 KP Patta no.45 situated at Ulubari, Guwahati. The Recovery Officer directed that the sale price shall not be less than Rs.59,42,000/- (Rupees Fifty Nine Lakhs Forty Two Thousand) only and further directed to deposit Rs.15,00,000/- (Rupees fifteen lakhs) before the Tribunal with a joint application Page No.# 3/4 for sale and the balance amount to be paid within 15 days. The petition filed by the petitioner as an intervener before the Recovery Officer was dismissed by the said order and being aggrieved, the present writ petition has been filed. This Court by issuing notice on 10.08.2020 stayed the order dated

20.02.2020 passed by the Recovery Officer, Debts Recovery Tribunal, Guwahati in OA no.3/2007 until further orders. Subsequently, in view of the order dated

22.06.2022 passed by this Court, the petitioner paid an amount of Rs.15,00,000/- (Rupees fifteen lakhs) on 12.07.2022 before the Recovery Officer. It is submitted by the learned counsel for the petitioner that the balance amount would be paid by the petitioner along with the applicable interest by

15.01.2024. Mr. R. De, learned counsel for the respondent no.1 does not object to the prayer made by the petitioner. Learned counsel for the private respondents also does not object to the prayer made. In view of the limited prayer, without commenting on the merits of the case, the writ petition stands disposed of permitting the petitioner to deposit the balance amount along with the applicable interest by 15.01.2024. Till the amount is deposited and necessary applications confirming payment are filed before and orders thereon are passed by the Recovery Officer, DRT. The interim Page No.# 4/4 order passed by this Court by order dated 10.08.2020 will continue. In the event, the petitioner fails to deposit the amount as directed above, the directions contained in the order dated 20.01.2020 passed by the Recovery Officer, Debts Recovery Tribunal, Guwahati in OA no.3/2007 will revive without any further reference to Court. The details of interest applicable may be furnished by the Bank within a period of 15 (fifteen) days from today. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010101272020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3059/2020o ABHIGYAoBOROOAHo D/O-oSRIoANJANoKUMARoBOROOAH,oR/O-oFLAToNO.o5A,oSUDHEKASHAo APARTMENT,oGOPINATHoNAGAR,oGUWAHATI-o16 VERSUSo INDUSTRIALoDEVELOPMENToBANKoOFoINDIAoLTD.oANDo4oORSo HAVINGoITSoREGDoOFFICEoAToIDBIoTOWER,oCUFFEoPARADEoWTCo COMPLEX,oCOLABA,oMUMBAI-o400005oANDoHAVINGoITSoNORTHoEASTERNo ZONALoOFFICEoAToGSoROAD,oGUWAHATI-o05oREP.oBYoITSoDEPUTYo GENERALoMANAGER 2:PRIYOoRANJANoDE oS/O-oLATEoPRANABoRANJANoDE oMDoSHAHoROAD oPALTANoBAZAR oP.O-oREHABARI oGUWAHATI-o08 3:SMARNAoDE oW/O-oLATEoPRANABoRANJANoDE oMD.oSHAHoROAD oPALTANoBAZAR oP.O-oREHABARI oGUWAHATI-o08 4:RECOVERYoOFFICER oDEBTSoRECOVERYoTRIBUNAL oSWARNAoBHAWAN oHoNO.o12 oNEWoTOWNoPATH oULUBARI Page No.# 2/4 GUWAHATI - 07 5:M/S J G SPICES LTD REP. BY ITS MD/DIRECTOR MD. SHAH ROAD PALTAN BAZAR P.O- REHABARI GUWAHATI- 0 Advocate for the Petitioner : MR. T ROY Advocate for the Respondent : MR. R DE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA