Page No.# 1/6 GAHC010117692015 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4011/2015 1. M/S THENGALBARIE T.E. and ANR UNDER M/S BOSABARI T.ES. P LTD. GOTONGA JORHAT. 2: SANDHAN PRASAD BAROOAH THE CO-OWNER/MANAGING DIRECTOR M/S BOSABARI T.ES. P LTD. THENGALBARIE T.E. M.G. ROAD, JORHAT. VERSUS THE ASSAM CO-OPERATIVE APEX BANK LIMITED and 3 ORS H.O.- PANBAZAR GHY- 1. 2:THE MANAGING DIRECTOR THE ASSAM CO-OPERATIVE APEX BANK LTD. PANBAZAR GHY- 1. 3:THE DEBT RECOVERY TRIBUNAL GUWAHATI REP. BY ITS REGISTRAR. 4:THE CERTIFICATE OFFICER OFFICE OF THE DY. COMMISSIONER JORHAT. ------------ Advocate for : MS.A CHETIA Advocate for : MR.P N GOSWAMI appearing for THE ASSAM CO-OPERATIVE APEX BANK LIMITED and 3 ORS Page No.# 2/6 Linked Case : WP(C)/5757/2006 M/S SONARIE TEA COMPANY PRIVATE LTD. and ANR REGD. OFFICE AT SONARIE TEA ESTATE P.O. SONARI DIST. SIVASAGAR REP. BY ITS MANAGING DIRECTOR SHRI MANAVI RAM BARUVA 2: SHRI MANAVI RAM BARUVA S/O LT. PARBATI PRASAD BARUVA KHARGHULI HILL SIDE GHY DIST. KAMRUP VERSUS THE ASSAM CO-OPERATIVE APEX BANK LTD. and ORS H.O. PANBAZAR GHY-1. 2:THE MANAGING DIRECTOR ASSAM CO-OP. APEX BANK LTD. H.O. PANBAZAR GHY-1. 3:THE CERTIFICATE OFFICER CHARAIDEW SUB-DIVISION SONARI DIST. SIVASAGAR. ------------ Advocate for : N DUTTA Advocate for : MS.B SAIKIA appearing for THE ASSAM CO-OPERATIVE APEX BANK LTD. and ORS Linked Case : WP(C)/6741/2014 DIBYAJYOTI BORUAH S/O LT. NORENDRA NATH BORUAH R/O HEOJ-PUR JAYANAGAR P.O. DULIAJAN IN THE DIST.OF DIBRUGARH ASSAM. VERSUS THE UNION OF INDIA and 2 ORS REP. BY THE SECRETARY MINISTRY OF FINANCE AND COMPANY AFFAIRS SHASTRI BHAWAN NEW DELHI- 110001. Page No.# 3/6 2:THE ASSAM CO-OPERATIVE APEX BANK LIMITED PANBAZAR GUWAHATI- 781001 IN THE DIST. OF KAMRUP M ASSAM REP. BY ITS MANAGING DIRECTOR. 3:THE ZONAL MANAGER/AUTHORISED OFFICER THE ASSAM CO-OPERATIVE APEX BANK LIMITED GUWAHATI ZONE SILPUKHURI GUWAHATI- 781003 INTHE DIST. OF KAMRUP M ASSAM. ------------ Advocate for : MR.R M DAS Advocate for : MR.A C KALITA appearing for THE UNION OF INDIA and 2 ORS Linked Case : CRP/292/2015 SMT. SANJEETA BAROOAH D/O- LT. SOURINDRA PRASAD BAROOAH R/O- M/S P. BORDOLOI and ASSOCIATES TEA CONSULTANT MILAN NAGAR EAST NAMGHAR PATH P.O.C.R. BUILDING P.S. and DIST.- DIBRUGARH ASSAM PIN- 786003. VERSUS THE UNION OF INDIA and 5 ORS REP. BY THE PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL APSARA BUILDING DR. B BARUAH ROAD GHY- 7. 2:THE ASSAM CO-OPERATIVE APEX BANK LTD. PANBAZAR GHY-1 ASSAM. Page No.# 4/6 3:THE GENERAL MANAGER I/C TEA LOAN RECOVERY DEPTT. THE ASSAM CO-OPERATIVE APEX BANK LTD. PANBAZAR GHY-1 ASSAM. 4:M/S BOSABARI TEA ESTATE PVT. LTD. M.G. ROAD JORHAT- 785001 ASSAM. 5:SANDHAN PRASAD BAROOAH S/O- LT. SOURINDRA PRASAD BAROOAH R/O- M.G. ROAD P.O. P.S. and DIST.- JORHAT ASSAM. 6:BORNA BAROOAH BORAH W/O- SRI UTTAM KUMAR BORAH R/O- M.G. ROAD P.O. P.S. and DIST.- JORHAT ASSAM. Linked Case : WP(C)/3476/2009 BOGIDHOLA TEA and TRADING COMPANY P LIMITED A PRIVATE LTD. COMPANY REGD. AND INCORPORATED UNDER THE INDIAN COMPANIES ACT 1956 WITH IS REGD. OFFICE AT BOGIDHOLA TEA ESTATE LETEKUJAN IN THE DIST OF GOLAGHAT ASSAM REP. BY THE MANAGER ADMINISTRATION SRI BHUWANESH KUMAR CHATURVEDI VERSUS THE STATE OF ASSAM AND ORS REP. BY THE PRINCIPAL SECY. TO THE GOVT.OF ASSAM COOPERATION DEPTT DISPUR GHY-6 2:THE ASSAM CO-OPERATIVE APEX BANK LTD. A BANK REGISTERED UNDER THE ASSAM CO-OPERATIVE SOCIETIES ACT WITH ITS REGISTERED HEAD OFFICE AT PANBAZAR Page No.# 5/6 GUWAHATI-1 REPRESENTED BY ITS MANAGING DIRECTOR. 3:THE MANAGING DIRECTOR THE ASSAM CO-OPERATIVE APEX BANK LTD. PANBAZAR GUWAHATI-1. 4:THE UNION OF INDIA REPRESENTED BY MINISTRY OF FINANCE NEW DELHI. For the petitioners : Mr. N.C. Das, Sr. Advocate Mr. A. Das, Advocate in WP(C) 5757/2006 Mr. S. Kataki, Advocate in WP(C) 6741/2014 Mr. G. Das, Advocate in CRP 292/2015 Dr. R. Sarmah, Advocate in WP(C) 4011/2021 For the respondents : Mr. K.P. Pathak, S.C., Apex Bank – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 15-05-2025 (Vijay Bishnoi, C.J.) In these writ petitions, the petitioners have challenged the action of the Assam Cooperative Apex Bank and other financial institutions of initiating proceedings under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 on Page No.# 6/6 the ground that a cooperative bank cannot be termed as banking institution for the purpose of taking action under the SARFAESI Act. It is noticed that the Hon’ble Supreme Court in Pandurang Ganpati Chaugule vs. Vishwasrao Patil Murgud Sahakari Bank Limited, reported in 2020 (9) SCC 215 has already held that a cooperative bank, which is registered under the State Legislation or otherwise, comes within the definition of “banking institution” for the purpose of initiating proceedings under the SARFAESI Act. In view of the above authoritative pronouncement of the Hon’ble Supreme Court in Pandurang Ganpati Chaugule (supra), we do not find any merit in these writ petitions challenging the action of the respondent bank/financial institution in initiating proceedings under the SARFAESI Act. Hence, these writ petitions are dismissed. All connected pending applications, if any, are also dismissed. However, the petitioners are at liberty to avail appropriate remedy before the appropriate forum in accordance with law. JUDGE CHIEF JUSTICE Comparing Assistant