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2025 DAILYLAW 20896 (GAU)

CANARA BANK v. THE STATE OF ASSAM AND 2 ORS

WP(C)/6130/2024 · 2025-01-19

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010238252024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6114/2024 CANARA BANK SPECIALISED A.R.M BRANCH 1ST FLOOR, DEE DEE GRANDE, PANJABARI ROAD, SIXMILE, GUWAHATI- 22, DIST- KAMRUP (M), ASSAM VERSUS 1.THE STATE OF ASSAM AND 2 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06, KAMRUP METRO, ASSAM 2:THE DEPUTY COMMISSIONER NAGAON ASSAM PIN-782002 3:SUCHITA DEVI KHETAWAT W/O- SURESH KUMAR KHETAWAT TRP ROAD HAIBARGAON NAGAON ASSAM PIN-78200 Linked Case : WP(C)/6129/2024 CANARA BANK SPECIALISED A.R.M BRANCH 1ST FLOOR DEE DEE GRANDE PANJABARI ROAD SIX MILE GUWAHATI 781022 DIST KAMRUPM ASSAM VERSUS 1.THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI Page No.# 2/4 2:THE DEPUTY COMMISSIONER, NAGAON DISTRICT ASSAM O/O THE DEPUTY COMMISSIONER NAGAON ASSAM 3:CIRCLE OFFICER SADAR TOWN NAGAON ASSAM 782001 4:SRI DEBASISH BORAH HOUSE NO. 90 KACHALUKHOWA NAGAON ASSAM 782001 Linked Case : WP(C)/6116/2024 CANARA BANK SPECIALISED ARM BRANCH 1ST FLOOR DEE DEE GRANDE PANJABARI ROAD SIXMILE GUWAHATI-22 DIST- KAMRUP (M) ASSAM VERSUS 1.THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06 KAMRUP METRO ASSAM 2:THE DEPUTY COMMISSIONER NAGAON ASSAM PIN-782002 3:M/S SHREE KHETAWAT INDUSTRIES TRP ROAD HAIBARGAON NAGAON ASSAM PIN-782002 4:SURESH KUMAR KHETAWAT S/O-MAHABIR PRASAD KHETAWAT TRP ROAD HAIBARGAON NAGAON ASSAM PIN-782002 5:SUCHITA DEVI KHETAWAT W/O- SURESH KUMAR KHETAWAT TRP ROAD HAIBARGAON NAGAON ASSAM PIN-782002 Linked Case : WP(C)/6130/2024 CANARA BANK SPECIALISED A.R.M BRANCH 1ST FLOOR DEE DEE GRANDE PANJABARI ROAD SIX MILE GUWAHATI 781022 DIST KAMRUPM ASSAM VERSUS Page No.# 3/4 1.THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI 2:THE DEPUTY COMMISSIONER NAGAON DISTRICT ASSAM O/O THE DEPUTY COMMISSIONER NAGAON ASSAM 3:SRI NITUL GAYAN PROPRIETOR OF M/S GAYAN STEEL FABRICTION) S/O LATE BANAMALI GAYAN VILLAGE MURHANI PO CHALCHALI PURANIGUDAM PS SAMAGURI DIST NAGAON ASSAM 782141 For the Petitioner(s) : Mr. A. Parvez, Advocate. For the Respondent(s) : Ms. R.B. Bora, Junior Government Advocate, Assam. – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KAUSHIK GOSWAMI 20.01.2025 (Vijay Bishnoi, CJ) These writ petitions are essentially filed on behalf of the petitioner Bank with a prayer to direct the Deputy Commissioner concerned to act and proceed in accordance with the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred as the ‘SARFAESI Act’). Mr. A. Parvez, learned counsel appearing for the petitioner Bank has submitted that the District Commissioner concerned has already taken the steps as per the provisions of the SARFAESI Act and therefore, these writ petitions have become infructuous. In view of the categorical statement made by the learned counsel Page No.# 4/4 appearing for the petitioners, these writ petitions are dismissed as infructuous. Mr. K.K. Nandi, learned counsel has submitted that though an Interlocutory Application, being I.A.(Civil) No.648/2025 (Filing Number) has been filed by applicant Rupa Bora in connection with WP(C) No.6129/2024, however, the same has not been listed today. In view of the dismissal of the aforesaid writ petitions, the connected Interlocutory Applications, if any, stand dismissed. JUDGE CHIEF JUSTICE Comparing Assistant