Gauhati High Court
Page No.# 1/3 vs Ashish Agarwal And 3 Ors on 9 September, 2022
Page No.# 1/3
GAHC010121912022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./62/2022
PRATUL KUMAR GHOSH AND ANR.
PROPRIETOR J P ADVERTISER
S/O PRANAB KUMAR GHOSH
RESIDENT OF SPANISH GARDEN BLOCK NO. D
FLAT NO. 1003
R.G BARUAH ROAD
GUWAHATI
2: J P ADVERTISER
REPRESENTED BY ITS PROPRIETOR
SRI PRATUL KUMAR GHOSH
S/O PRANAB KUMAR GHOSH
RESIDENT OF SPANISH GARDEN BLOCK NO. D
FLAT NO. 1003
R.G BARUAH ROAD
GUWAHATI
VERSUS
ASHISH AGARWAL AND 3 ORS.
S/O SRI KAMAKHYA AGARWAL
RESIDENT OF FLAT NO. 3C
KUMUDINEE APARTMENT
F A ROAD
KUMARPARA
GUWAHATI 781009
2:THE BANK OF INDIA
STAR HOUSE C 5
G BLOCK
BANDRA KURLA COMPLEX
BANDRA (EAST) MUMBAI 400051
Page No.# 2/3
3:THE BRANCH MANAGER
BANK OF INDIA
KHANAPARA BRANCH
VIP ROAD
CHACHAL
SIX MILE
GUWAHATI 781022
4:THE AUTHORISED OFFICER
BANK OF INDIA
GUWAHATI ZONE KHANAPARA BRANCH
VIP ROAD
CHACHAL
SIX MILE
GUWAHATI 781022
------------
Advocate for : MR. R DUBEY
Advocate for : MS. P CHAKRABORTY appearing for ASHISH AGARWAL AND 3
ORS.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
09-09-2022
(M.R.Pathak, J)
Heard Ms. A. B. Kayastha, learned counsel for the petitioner and Mr. I. H. Mazumder, learned
counsel for the respondent No. 1.
This matter has been listed today on the prayer of Mr. R. Dubey, learned counsel for the
petitioner made on 05.09.2022 stating that similar matters are fixed today i.e., 09.09.2022.
However, Ms. Kayastha, learned counsel appearing on behalf of the review petitioner submits
before the Court that this review petition has been filed against the judgment and order dated
28.07.2021 passed in WP (C) No. 27/2021 by his Lordship, the then Hon'ble Chief Justice Mr.
Sudhanshu Dhulia along with one of us (Mr. Manash Ranjan Pathak, J).
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From the said judgment and order dated 28.07.2021, it is seen that issue relating to this review
petition pertains to loan taken by the petitioner and since the petitioner failed to repay the loan
amount, his account was declared as 'Non-Performing Asset' (NPA) and a proceeding under the
Securitization and Reconstruction of Financial Assets Enforcement of Security Interest Act, 2002
(SARFAESI, in short) was initiated against him.
It is placed before the Court that though the petitioner preferred an SLP against the said
judgment and order dated 28.07.2021 passed in WP(C) No. 27/2021, but the same was dismissed on
18.08.2021 by the Hon'ble Apex Court and thereafter, the review petitions filed by him before the said
Court were also dismissed.
Since the issue involved in this review petition is not similar to that of the other review petitions
which are relating to the issues declaring the petitioners as foreigners under the Foreigners Act, 1946
by the concerned Foreigners' Tribunals listed before this Court today, Ms. Kayastha, learned counsel
for the petitioner, prays for consideration of this matter separately on an another date.
Prayer is allowed.
Considering such submissions of the learned counsels for the parties, let the matter be listed for
orders on 20.09.2022.
JUDGE JUDGE
Comparing Assistant
