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2026 DAILYLAW 1290 (GAU)

MS NECCON POWER AND INFRA LIMITED v. INDIAN BANK

WP(C)/522/2026 · 2026-02-05

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010017832026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/522/2026 MS NECCON POWER AND INFRA LIMITED HAVING ITS REGD OFFICE AT KHETAN BHAWAN, SEUNI ALI, AT ROAD, JORHAT ASSAM, PIN-785001, CORPORATE OFFICE AT 416, 4TH FLOOR CITY PLAZA, SPACE CINEMA COMPLEX, BANKI PARK , JAIPUR, RAJASTHAN-302016, ADMINISTRATIVE OFFICE AT H.NO- 37, TULSIBALA ROAD, ULUBARI, KACHARI BASTI, GUWAHATI, PIN-781005, ASSAM, AND IS DULY REP. BY ITS CHIEF EXECUTIVE OFFICER SMTI. PAYAL KHADRIA . VERSUS INDIAN BANK HAVING ITS CORPORATE OFFICE AT PB NO-5555, 254-260, AVVAI SHANMUGAM SALAI, ROYAPETTAH, CHENNAI-600014 AND ONE OF ITS BRANCH OFFICE AT JORHAT, AT ROAD, JORHAT, ASSAM 2:THE PUNJAB NATIONAL BANK HAVING ITS REGD CORPORATE OFFICE AT PLOT NO. 4 SECTOR 10 NEAR WELCOME HOTEL DWARKA NEW DELHI-110075. AND ONE OF ITS BRANCH OFFICE AT CBB GUWAHATI BRANCH LIC BUILDING SS ROAD FANCY BAZAR GUWAHATI -01 ASSAM 3:CANARA BANK HAVING ITS REGD CORPORATE OFFICE AT 112 J C ROAD Page No.# 2/4 BENGALURU-560002 KARNATAKA INDIA AND ONE OF ITS BRANCH OFFICE AT JORHAT BRANCH P.O- NO-61 117/118. GARALI JORHAT PIN-785001 4:BANK OF BARODA HAVING ITS HEAD OFFICE AT BARODA HOUSE POST BOX NO- 506 MANDVI VADODARA GUJRAT. PIN-390001 INDIA AND ONE OF ITS BRANCH OFFICE AT JORHAT BRANCH AT ROAD JORHAT ASSAM PIN-78500 Advocate for the Petitioner : MR G N SAHEWALLA, A R PAL,MR H K SARMA,MR M SAHEWALLA Advocate for the Respondent : SC, PNB, SC, CANARA BANK,SC, BANK OF BARODA,SC, INDIAN BANK BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 06.02.2026 Heard Mr. GN Sahewalla, learned Senior Counsel assisted by Mr. A Sareen, learned counsel for the petitioner. Also heard Mr. M Sharma, learned counsel for the respondents no. 1 & 3 and Mr. A Parvez, learned counsel for the respondent no.2. Page No.# 3/4 2. In deference to the earlier order dated 03.02.2026, it is informed by the learned counsel for the Bank that the Consortium has taken into consideration the proposal submitted by the petitioner on 01.01.2026. Although the subsequent proposal submitted on 23.01.2026 has not been considered. Learned Senior Counsel for the petitioner submits that he has received verbal instructions as the proposal has not been found to be accepted by the consortium and therefore, the proposal is rejected, however, no speaking order in this respect has been issued to the writ petitioner. 3. Under such circumstances, this Court directs the respondents no. 1 to 3 and also the Consortium to take an effective direction and pass necessary order by way of an speaking order and serve copies thereof on the writ petitioner. The Consortium may also consider the subsequent proposal submitted on 23.01.2026 and if any details or particulars are necessary from the petitioner, the same ought to be called for by the Consortium before taking final decision. After taking the final decision, copies thereof shall be served on the writ petitioner. 4. The learned Senior Counsel for the petitioner submits that before the Consortium takes the decision, the petitioner should be heard. 5. Accordingly, this Court grants liberty to the petitioner to approach the Page No.# 4/4 Consortium by filing necessary representation for a personal hearing, if so deemed fit and if any such application is filed, the Consortium shall consider the same as per the procedure prescribed and pass appropriate order thereon on or before 09.03.2026. 6. Till any such order is passed, no further action shall be taken against the petitioner on the proceedings initiated by the respondents’ Banks. 7. In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant