MS TEA BROKERS GUWAHATI PVT LTD v. DIPANKAR BARUAH
I.A.(Civil)/3507/2025 · 2026-08-25
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3853 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3853 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010241122025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3507/2025 MS TEA BROKERS GUWAHATI PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT SURAJNAGAR PATH, SIXMILE GUWAHATI 781022, DIST KAMRUP M ASSAM REP. BY ITS MANAGING DIRECTOR, 2: THE MANAGING DIRECTOR M.S TEA BROKERS (GUWAHATI ) PVT. LTD. SURAJNAGAR PATH SIXMILE GUWAHATI 781022 DIST KAMRUP M ASSA VERSUS DIPANKAR BARUAH S/O NARENDRA DHAR BARUA, RESIDENT OFHOUSE NO. 10, BYE LANE NO. 6, RAJGARH ROAD, GUWAHATI 05, DIST KAMRUP M ASSAM Advocate for the Petitioner : MR. M GOGOI, MR. N DEKA,MR. S BANIKYA Advocate for the Respondent : , Linked Case : RSA/33/2025 MS TEA BROKERS GUWAHATI PVT LTD AND ANR A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT SURAJNAGAR PATH SIXMILE GUWAHATI 781022 DIST KAMRUP M ASSAM REP. BY ITS MANAGING DIRECTOR 2: THE MANAGING DIRECTOR M.S TEA BROKERS (GUWAHATI ) PVT. LTD. SURAJNAGAR PATH SIXMILE GUWAHATI 781022 DIST KAMRUP M ASSAM
Page No.# 2/2 VERSUS SRI DIPANKAR BARUA S/O NARENDRA DHAR BARUA
RESIDENT OFHOUSE NO. 10 BYE LANE NO. 6 RAJGARH ROAD GUWAHATI 05 DIST KAMRUP M ASSAM ------------ Advocate for : MR. M GOGOI Advocate for : appearing for SRI DIPANKAR BARUA
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.08.2026 Heard Mr. N Deka, the learned counsel appearing for the applicants.
2. This is an application under Section 151 of the Code of the Civil Procedure, 1908 praying for release of the Bank Guarantee No.150136IBGF00019 dated 04.08.2015 deposited as per order dated 13.07.2015 passed in I.A.No.797/2015 in RFA No.36/2015.
3. This Court, on 13.07.2015, directed that the decree shall be subject to deposit of 50% of the awarded amount in the form of Bank Guarantee. The Bank Guarantee was deposited and in the meantime, because of change in jurisdiction, the First Appeal was transferred to the Court of the Additional District Judge No.3, Kamrup (Metro) at Guwahati, where the Appeal was dismissed. Thereafter, a Second Appeal was preferred before this Court, but the Bank Guarantee is still lying deposited.
4. Therefore, it is hereby directed that the aforesaid Bank Guarantee which was deposited in connection with RFA No.36/2015 shall be released in favour of the applicants.
5. The IA stands disposed of accordingly. JUDGE Comparing Assistant