Page No.# 1/3 GAHC010053782023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/71/2023 ABDUL GAFUR SK S/O LT. NURU SK R/O WARD NO. 14 AM CO. ROAD DHUBRI TOWN P.O. BIDYAPARA PS.AND DIST. DHUBRI ASSAM PIN 783324 VERSUS SUSHMA GUPTA AND 2 ORS. W/O LT. ANIL KUMAR PRASAD R/O WARD NO. 5 DHUBRI TOWN P.O. P.S. AND DIST. DHUBRI ASSAM PIN 783301 2:ANKUR PRASAD S/O LT. ANIL KUMAR PRASAD R/O WARD NO. 5 DHUBRI TOWN P.O. P.S. AND DIST. DHUBRI ASSAM PIN 783301 3:ANUSHKA PRASAD D/O LT. ANIL KUMAR PRASAD R/O WARD NO. 5 DHUBRI TOWN P.O. P.S. AND DIST. DHUBRI ASSAM PIN 78330 For the petitioner (s) : Mr. A. C. Sarma, Sr. Advocate Mr. G. Bharadwaj, Advocate For the respondent (s) : Mr. H. K. Das, Advocate Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 23.04.2025 Heard Mr. A. C. Sarma, the learned senior counsel assisted by Mr. G. Bharadwaj, the learned counsel appearing on behalf of the petitioner and Mr. H. K. Das, the learned counsel appearing on behalf of the respondent Nos.1, 2 & 3. 2. This is an application filed by invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution challenging the order dated 14.02.2023 whereby the learned Trial Court, i.e. the learned Court of the Munsiff No.1, Dhubri (hereinafter referred to as ‘the learned Trial Court’) had decided to proceed with the suit being Money Suit No.02/2021 pursuant to the compliance effected by the plaintiffs in terms with the order dated 21.07.2022 in Money Suit No.02/2021. 3. The learned counsel appearing on behalf of the petitioner who is the defendant in the suit submitted that the suit ought to have been dismissed taking into account that the said documents which have been produced were irrelevant to the present context in as much as Anil Kumar Prasad as on the date of transaction could not have carried any business of money lending as money lender without licence. Page No.# 3/3 4. This Court having heard the learned counsels appearing on behalf of the petitioner as well as the respondent and having perused the additional affidavit so filed and the documents so enclosed therein. In the opinion of this Court, the learned Trial Court was justified in proceeding with the suit with the observation that such documents which were filed by the Defendant would be appreciated at the stage of evidence. Under such circumstances, this Court finds no ground to exercise its supervisory jurisdiction in the matter for which the instant petition stands dismissed. 5. It is seen from the records that vide an order dated 15.03.2023, the further proceedings of Money Suit No.02/2021 was stayed by this Court. The said stay order is vacated in view of the dismissal of the present petition and both the parties who are duly represented are directed to appear before the learned Trial Court on 07.05.2025 for further continuation of the proceedings. JUDGE Comparing Assistant