Gauhati High Court
Page No.# 1/3 vs Idbi Bank And 2 Ors on 11 August, 2022
Page No.# 1/3
GAHC010272902018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8498/2018
BORSHA BORTHAKUR AND ANR.
PROPRIETOR OF M/S VINAYAK ALANKAR
D/O SHRI PRAFULLA BORTHAKUR
R/O HOUSE NO. 8, SATIRTHA PATH
NEAR DOWN TOWN HOSPITAL
GUWAHATI - 781006.
2: SHRI PRAFULLA BORTHAKUR
S/O LATE GOLAP BORTHAKUR
R/O VILL- TINIALI ROAD
BISHNU MANDIR
GOLAGHAT- 785621
VERSUS
IDBI BANK AND 2 ORS.
IDBI TOWER, WTC COMPLEX CUFFE PARADE, MUMBAI- 400005.
2:IDBI BANK
GUWAHATI MAIN BRANCH
G.S. ROAD
GUWHATI - 781005.
3:THE LEARNED RECOVERY OFFICER
HONORABLE DEBT RECOVERY TRIBUNAL
GUWAHATI
FIRST FLOOR
APSARA BUILDING
DR. B. BARUAH ROAD
GUWAHATI - 781007
Advocate for the Petitioner : MR. S MITRA
Advocate for the Respondent : MR. M DUTTA (R1, R2)
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
11-08-2022
Heard Shri S. Mitra, learned counsel for the petitioners. Also heard Shri M. Dutta,
learned counsel for the respondent-Bank.
The present writ petition has arisen out of a proceeding in the DRT, Guwahati
which was registered as OA No. 88/2013 in which a judgment dated 08.06.2016 had
been passed.
Pursuant to the said judgment, a recovery certificate was issued on 23.07.2016.
It is also the case of the petitioner that a show-cause notice has been issued in the
meantime by the learned DRT as to why a warrant of arrest should not be issued
against the petitioner.
It transpires that the matter was attempted to be settled out of Court on more
than one occasion and on those occasions, owing to the condition of non-fulfillment of
payment as pre-condition, the process could not be completed.
At present, it appears that the principal amount outstanding is approximately
Rs.36,00,000/-. This Court is of the view that another attempt may be made for
settlement of the matter outside the Court despite the fact that the matter has already
been adjudicated and finalized by the DRT.
However, such attempt has to be made after fulfillment of certain pre-condition
by the petitioners as public money is involved.
Let there be an attempt for settlement for which the petitioners are required to be
deposit an amount of Rs.10,00,000/- (Rupees Ten Lakhs) only within a period of 45
days in the respondent-Bank and on such deposit, the parties before this Court may
make an attempt to come to a settlement.
It is directed that the aforesaid payment of Rs.10,00,000/- (Rupees Ten Lakhs),
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as directed, be paid on or before 26.09.2022 and the matter be listed before this
Court on 28.10.2022. It is expected that both the parties would render full cooperation
and sit with a positive frame of mind to reach an out of Court settlement.
The interim order pertaining to the show-cause notice connected to issuance of
warrant of arrest be continued till the next date of listing.
JUDGE
Comparing Assistant
