Page No.# 1/6 GAHC010050902026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No : I.A.(Civil)/1148/2026 MS BHUMYA PVT LTD HAVING ITS REGISTERED OFFICE AT 34A METCALFE STREET 7TH FLOOR ROOM NO 7 F KOLKATA 700013 REPRESENTED BY ITS DIRECTOR RAJ SINGH VERSUS CANARA BANK A GOVERNMENT OF INDIA UNDERTAKING CARRYING ON BANKING BUISNESS UNDER LICENSE GRANTED BY RESERVE BANK OF INDIA AND REGISTERED UNDER BANKING REGULATION ACT 1949 HAVING ITS REGISTERED HEAD OFFICE AT BUILDING NO.112 J. C. ROAD BENGALURU-560002 AND HAVING ONE OF ITS BRANCH OFFICE AT CANARA BANK SIVASAGAR BRANCH BHARALI COMPLEX HOSPITAL ROAD SIVASAGAR DIST.- SIVASAGAR PIN- 785640 ASSAM AND IS REPRESENTED BY SHRI HEMANTA DAS. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GUWAHATI KAMRUP METRO ASSAM 781006 3:THE ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION Page No.# 2/6 REPRESENTED BY ITS SECRETARY CUM PROVIDENT FUND COMMISSIONER ATPPF AND PF SCHEME NIDHI BHAWAN LALMATI BASISTHA NH 37 GUWAHATI KAMRUP METRO ASSAM 781029 4:THE ASSISTANT PROVIDENT FUND COMMISSIONER ATPPF AND PF SHCEME DINANATH BEZBARUAH PATH NEAR BEZBARUAH HS SCHOOL AMOLAPATTY WARD NO IX SIVSAGAR ASSAM 785640 5:THE RECOVERY OFFICER OFFICE OF THE RECOVERY OFFICER THE ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION SIVASAGAR ZONAL OFFICE DINANATH BEZBARUAH PATH NEAR BEZBARUAH HS SCHOOL AMOLAPATTY WARD NO IX SIVASAGAR ASSAM 785640 6:MS DK TEA INDUSTRIES PVT LTD A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT THE HOUSE OF DENISH KUKURACHOWA SUNPURA NEAR HARIPARA TINALI PO NAGAGAON SIVSAGAR ASSAM 785701 AND ITS INDUSTRIAL UNIT AT RATANPUR TEA ESTATE TIOK GAON PO ABHAYAPURI PS SONARI CHARAIDEO ASSAM 7:SRI DENISH KUKURACHOWA SON OF LATE RAM PRASAD KUKURACHOWA DIRECTOR OF MS DK TEA INDUSTRIES PVT LTD RESIDENT OF BOKATA KOHAR GAON CHARAIDEO PS PATSAKU PO NEMUGURI SIVSAGAR ASSAM 8:SRI UTPAL BURAGOHAIN SON OF SRI BISWA BURAGOHAIN DIRECTOR OF MS DK TEA INDUSTRIES PVT LTD RESIDENT OF CO NAGEN MOHAN GARGAON RIHABARI PO GARGAON SIVSAGAR ASSAM 785686 ------------ Advocate for : MR. S C KEYAL Advocate for : SC CANARA BANK appearing for CANARA BANK Case No. : WP(C)/1477/2026 CANARA BANK A GOVERNMENT OF INDIA UNDERTAKING CARRYING ON BANKING BUISNESS UNDER LICENSE GRANTED BY RESERVE BANK OF INDIA AND REGISTERED UNDER BANKING REGULATION ACT, 1949, HAVING ITS REGISTERED HEAD OFFICE AT BUILDING NO.112, J. C. ROAD, BENGALURU-560002 AND HAVING ONE OF ITS BRANCH OFFICE AT CANARA BANK, SIVASAGAR BRANCH, BHARALI COMPLEX, HOSPITAL ROAD, SIVASAGAR, DIST.- SIVASAGAR, PIN- 785640, ASSAM AND IS REPRESENTED BY Page No.# 3/6 SHRI HEMANTA DAS. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, FINANCE DEPARTMENT, GUWAHATI, KAMRUP9M), ASSAM- 781006. 2:THE ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY ITS SECRETARY CUM PROVIDENT FUND COMMISSIONER A.T.P.P.F AND P.F. SCHEME NIDHI BHAWAN LALMATI BASISTHA NH-37 GUWAHATI KAMRUP(M) ASSAM -781029. 3:THE ASSISTANT PROVIDENT FUND COMMISSIONER A.T. P.P.F AND P.F. SCHEME DINANATH BEZBARUAH PATH NEAR BEZBARUAH H.S. SCHOOL AMOLAPATTY WARD NO.IX SIVASAGAR ASSAM-785640. 4:THE RECOVERY OFFICER OFFICE OF THE RECOVERY OFFICER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION SIVASAGAR ZONAL OFFICE DINANATH BEZBARUAH PATH NEAR BEZBARUAH H.S. SCHOOL AMOLAPATTY WARD NO.IX SIVASAGAR ASSAM-785640 Advocate for the Petitioner : MR. M SHARMA, MR H K SARMA,MS. S YASMIN Advocate for the Respondent : SC, FINANCE, SC, ATEPFO Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19.05.2026 (K.R. Surana,J) Heard Mr. S.C. Keyal, learned senior counsel assisted by Ms. N. Kakoty, learned counsel for the applicant. Also heard Mr. M. Sharma, learned counsel appearing for respondent no. 1, Mr. N. Kalita, learned Govt. Advocate appearing for respondent no. 2 and Mr. J. Bora, learned counsel appearing for respondent nos. 3, 4 and 5. 2. The applicant has filed this interlocutory application for being impleaded as one of the respondents in the connected WP(C)/1477/2026. The case projected by the applicant is that they had entered into an agreement for sale of organic green tea leaves vide purchase agreement dated 30.10.2019 with Ratanpur Tea Estate. The purported sale transaction was to take place between March, 2020 to March, 2021. Bereft of un-necessary details it would suffice to mention that applicant had filed a Commercial Suit being C.S. No. 01/2023 against M/S Ratanpur Land and Tea Estate Pvt. Ltd., which is stated to have been decreed ex parte for a sum of Rs. 6,00,50,691/- (Rupees Six crore fifty thousand six hundred ninety one only) along with interest @ 12% from the date of institution till recovery. Accordingly, it is projected that as huge amount of money is to be recovered from the defaulting tea estate, if the assets of respondent no. 5 are sold pursuant to the steps taken by respondent nos. 1 and 3, applicant would suffer irreparable loss and injury. Page No.# 5/6 3. The issue in the connected writ petition filed by respondent no. 1 is that they are aggrieved by expression of interest issued by the Recovery Officer, Assam Provident Fund Organization, seeking to appoint receiver in respect of Ratanpur Tea Estate on the ground that respondent no. 1 bank had already issued a sale notice. On the other hand the respondent nos. 3 to 5 project that as the dues they are seeking to recover have a priority charge under the Assam Tea Plantations Provident Fund (Pension Fund and Deposit Linked Assets Fund) Scheme Act, 1955, the appointment of Recovery Officer would be the joint interest of respondent no. 1 bank and respondent no. 3 organization as the security asset will be well protected. Thus, in light of the prayer made in the connected writ petition, there is no apparent dispute between respondent no. 1 and respondent no. 3. It is only the manner of recovery and the priority of dues which are required to be examined in the connected writ petition. 4. The nature of projection made in this interlocutory application for impleading is that applicant has dues to be recovered which are in the form of decreetal sum. The Assam Tea Plantations Provident Fund (Pension Fund and Deposit Linked Assets Fund) Scheme Act, 1955 and the SARFAESI Act both provide the right of respondent no. 3 and respondent no. 1 respectively to recover their dues. Thus, in the considered opinion of the Court the applicant will have to approach the appropriate forum to have their charge and/ or pari passu over the security assets declared. It would not be appropriate for a writ Court to expand the contours of the said WP(C)/1477/2026, so as to examine the tenability of the claim of the applicant. This must be left to the appropriate forum established in law to adjudicate. Page No.# 6/6 5. Accordingly, the Court is not inclined to allow the prayer made in this interlocutory application for impleadment as the applicant is neither a necessary nor a proper party in the connected writ petition. 6. Accordingly, leaving the applicant to approach the appropriate forum, this application stands closed. 7. As the Court has not entered into the merit of the application, the applicant would be free to raise do such plea before the appropriate forum as they may be so advised. JUDGE JUDGE Comparing Assistant