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2025 DAILYLAW 19887 (GAU)

M/S SIRAJ GODOWN v. STATE BANK OF INDIA AND 2 ORS

MC/74/2024 · 2025-02-03

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010219362024 2025:GAU-AS:1106 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/74/2024 in WP(C)/6609/2023 M/S SIRAJ GODOWN REPRESENTED BY SIRAJUL HAQUE MAZUMDER, SON OF LATE BADRUL HAQUE MAZUMDER, R/O- VILL.- BARJATRAPUR, P.O. BORKHOLA, DIST. CACHAR, ASSAM, PIN- 788110. VERSUS STATE BANK OF INDIA AND 2 ORS THROUGH THE ASSISTANT GENERAL MANAGER STRESSED ASSETS RECOVERY BRANCH, 2ND FLOOR, SIGNATURE SQUARE, MRD ROAD, BAMUNIMAIDAN ,GUWAHATI-781021. 2:CHIEF MANAGER S.B.I. SILCHAR BRANCH SILCHAR CACHAR. 3:MUMIN HASSAN RAJ BARBHUIYA S/O- LATE JALAL AHMOD RAJ BARBHUIYA R/O- VILL.- BARJATRAPUR P.O. BORKHOLA DIST. CACHAR ASSAM PIN- 788110 Advocate for the Petitioner : MR. D DOLEY, MS A DEKA Advocate for the Respondent : GA, ASSAM, MR. K K NANDI (R1, R2),MS S DEY (R1, R2),MISS. R. DAS (R1, R2) Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 04-02-2025 1. Heard Mr. R.P.Sarmah, learned Senior counsel assisted by Mr. D. Doley, learned counsel for the applicant and Ms. S. Dey, learned counsel for the respondents. 2. The present application is filed for recalling of the order dated 11.09.2024 passed by the Court in the connected WP(C) No. 6609/2023 whereby the writ petition was dismissed for non-prosecution. 3. The explanation for non-appearance on behalf of the petitioner is given at paragraph Nos. 5 & 6. As per the explanation, the engaged counsel, Mr. L.R.Mazumder, was busy as regards the arrangement for his Umrah Pilgrimage and the other counsel, Mr. A. Islam, was unable to attend the Court on the said date as his wife was admitted in the Gauhati Medical College and Hospital. 4. Ms. Dey, learned counsel for the respondents submits that she has no objection if the connected WP(C) No. 6609/2023 is restored as the grounds shown in the application are genuine. 5. Considering the explanation given and the matter in its entirety, the order dated 11.09.2024 passed in the connected WP(C) No. 6609/2023 is hereby recalled. 6. Accordingly, the present application stands disposed of. Page No.# 3/3 7. Registry to restore said WP(C) No. 6609/2023 with its original file and to list the matter on 06.03.2025 in the ‘admission’ column. JUDGE Comparing Assistant