Citation : 2022 Latest Caselaw 532 Gua
Judgement Date : 15 February, 2022
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GAHC010190832020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/183/2021
KHURSHED GUL KHAN AND ANR
S/O. KHASTA GUL KHAN, FLAT NO.A/16-NO.204 2ND FLOOR GAMES
VILLAGE, BELTOLA, GUWAHATI, KAMRUP 9M), ASSAM.
2: M/S EAST INDIA BREWS AND BREWAGES
1ST FLOOR MEZANINE APARTMENT
BELTOLA
TINIALI
GUWAHATI-781001
KAMRUP (M)
ASSAM
VERSUS
SYNDICATE BANK AND ANR
BELTOLA BRANCH, GUWAHATI, BELTOLA.
2:MUSHFIQUL HUSSAIN
S/O. LT. ZEHIRUL HUSSAIN
BELTOLA TINIALI
GUWAHATI-28
DIST. KAMRUP (M)
ASSAM
Advocate for the Petitioner : MR. Z KHALID
Advocate for the Respondent :
Linked Case :
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KHURSHED GUL KHAN AND ANR
VERSUS
SYNDICATE BANK AND ANR (A)
------------
Advocate for : MR. Z KHALID
Advocate for : appearing for SYNDICATE BANK AND ANR (A)
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
15.02.2022 This is an application under Section 5 of the Limitation Act for condonation of delay in filing the connected revision petition. The connected revision petition is filed assailing the judgment dated 15.05.2019 passed by the Debt Recovery Tribunal, North Eastern Region, Guwahati in OA No. 20/2015 whereby a recovery certificate in favour of the respondent Bank for a sum of Rs. 44,03,648.32/- against the present petitioner was issued.
The learned counsel for the petitioner submits that an appeal lies to the Debt Recovery Appellate Tribunal under the provision of Section 20 of the Recovery of the Debts Due to the Banks and Financial Institutions Act, 1993. Accordingly, the learned counsel for the petitioner prays to withdraw this petition with a liberty to approach the appropriate forum. Prayer is allowed.
This petition is dismissed on withdrawal.
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The connected CRP/10320/2020 (Filing Number) is also closed.
JUDGE
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