Atul Thakuria vs M/S. Sbi Cards And Payment ...
2021 Latest Caselaw 2715 Gua

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GAHC010010012020




                            THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : CRP(IO)/39/2020

           ATUL THAKURIA
           S/O LT. ADITYA THAKURIA, R/O HOUSE NO. 21, HATIGAON LAKHIMI
           NAGAR, NAMGHAR PATH PO. AND P.S DISPUR, DIST. KAMRUP (M), ASSAM
           785006



           VERSUS

            M/S. SBI CARDS AND PAYMENT SERVICES PVT. LTD.
            A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
            ACT, 1956 (AS AMENDED) HAVING ITS REGISTERED OFFICE AT UNIT 401
            AND 402, 4TH FLOOR, AGGARWAL MILLENNIUM TOWER, E-1, 2,3, NETAJI
            SUBHAS PLACE, WAZIPUR, NEW DELHI-1100034 AND INTER ALIA
            CORPORATE OFFICE AT DLF INFINITY TOWER, TOWER C, 10-12 FLOOR
            BLOCK-2, BUILDING 3, DLF CYBER CITY, GURUGRAM-122002, HARYANA,
            INDIA, THROUGH ITS AUTHORIZED REPRESENTATIVE AND GENERAL
            POWER OF ATTORNEW HOLDER ASIM KUMAR SINHA S/0 LT. ASWINI
            SINHA WORKING FOR GAIN AT EAST REGIONAL OFFICE-15 PARK STREET,
            APPEJAY HOUSE, BLOCK-A, 3RD FLOOR, KOLKATA-700016
Advocate for the Petitioner : MR. T BARUAH

Advocate for the Respondent : MR S DASGUPTA


                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 08-11-2021

Heard Mr. R. Phukan, the learned counsel for the petitioner and Ms. M. Bose, the learned counsel appearing for the respondent.

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The instant application has been filed challenging the order dated 09/12/2019, whereby, the petition under Order XXI Rule 26 read with section 151 of the Code of Civil Procedure praying for allowing the Judgment-Debtor to be heard on the petition and stay of the execution of the decree was rejected and thereby directed the decree holder to take steps for realization of the decreetal amount.

I have the learned counsel for the petitioner as well as the learned counsel for the respondent.

Taking into account the facts of the instant case and more particularly the reasons assigned to the effect that the petitioner is a senior citizen, about 76 years and on the ground of his ailment, he was not able to appear on the earlier occasion, and further that the order passed by the Court below is bereft of any reasons, I am of the opinion, that it would be in the interest of justice the instant petition is allowed thereby interfering with the order dated 09/12/2019. Accordingly, the Court below is directed to hear the petitioner on the application filed by him under Order XXI Rule 26 read with section 151 of the CPC afresh.

The parties are directed to appear before the Court below on 30/11/2021, on which date, the Court below shall hear the petitioner as well as the respondent in respect to the aforesaid application, i.e., the application under Order XXI Rule 26 read with section 151 of the CPC and thereafter the Court below shall pass appropriate orders in accordance with law.

Needless to say that when an application is filed seeking a judicial investigation, it is expected that the Court below shall furnish reasons for rejecting or allowing such application.

With the above observations, the instant application stands allowed and disposed off.

The interim order passed earlier on 14/02/2020 stands vacated.

JUDGE

Comparing Assistant