Page No. 1/3 vs The Uco Bank And 6 Ors
2023 Latest Caselaw 1615 Gua

                                                                    Page No. 1/3

GAHC010141112021




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

                          Case No. : WP(C)/4844/2021

         M/S INDRAPRASTHA COLD STORAGE AND ANR
         A PROPRIETORSHIP ENTITY OF MR. RITESH KUMAR TIBREWAL HAVING
         ITS FACTORY AT DOLABARI NO. 1, N.H. 37, TEZPUR-784001 REPRESENTED
         BY ITS PROPRIETOR SRI RITESH KUMAR TIBREWALA, AGED ABOUT 52
         YEARS, S/O SRI JUGAL KISHOR TIBREWALA, R/O GANESH MILL
         BUILDING, P.O. AND P.S.-TEZPUR-784001, ASSAM

         2: M/S INDRAPRASTH ROLLER FLOUR MILLS
         A PROPRIETORSHIP ENTITY OF SMTI. TRIPTI TIBREWAL
          HAVING ITS FACTORY AT DOLABARI NO. 1
          N.H. 37
         TEZPUR-784001 REPRESENTED BY ITS PROPRIETOR SMTI. TRIPTI
         TIBREWALA
         AGED ABOUT 45 YEARS
         W/O SRI RITESH KUMAR TIBREWALA
          R/O GANESH MILL BUILDING
          P.O. AND P.S.-TEZPUR-784001
         ASSAM

         VERSUS

         THE UCO BANK AND 6 ORS
         HEAD OFFICE AT 10, BTM SARANI (BRABOURNE ROAD), KOLKATA-1

         2:THE EXECUTIVE DIRECTOR
          UCO BANK
          HEAD OFFICE AT 10
          BTM SARANI (BRABOURNE ROAD)
          KOLKATA-1

         3:THE ASSTT. GENERAL MANAGER
          UCO BANK CUSTOMER SERVICE CELL
          HEAD OFFICE AT 10
          BTM SARANI (BRABOURNE ROAD)
                                                                                 Page No. 2/3

             KOLKATA-1

            4:THE ZONAL MANAGER
             UCO BANK
             ZONAL OFFICE- JORHAT
            T.N. SHARMA PATH
             NEHRU PARK
             JORHAT-785001 (ASSAM)

            5:THE REGIONAL MANAGER
             UCO BANK
             JORHAT REGIONAL OFFICE
            T.N. SHARMA PATH
             NEHRU PARK
             JORHAT-785001 (ASSAM)

            6:THE CHIEF MANAGER
             UCO BANK
            TEZPUR BRANCH
            TEZPUR-784001

            7:THE ENFORCEMENT DIRECTORATE (ED)
             GOVT OF INDIA
             REPRESENTED BY THE DEPUTY DIRECTOR
             HOUSE NO. 20
             RAJGARH ROAD
             BYE LANE NO. 1
             CHANDMARI
             GUWAHATI
             PIN-781003

Advocate for the Petitioner   : MR. M DUTTA

Advocate for the Respondent : SC, ED

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                         ORDER

Date : 25.04.2023

Heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. M. Dutta, learned counsel for the petitioners and Mr. M. Sarma, learned counsel for the respondent nos. 1 - 6; and Ms. A. Gayan, learned Standing Counsel, Enforcement Directorate [ED] for the respondent no. 7.

Page No. 3/3

In deference to the order dated 10.04.2023, Mr. Sarma, learned counsel for the respondent Bank authorities has submitted that he could not lay his hands on any Standing Instructions of the respondent Bank as regards operation of the Subsidy Reserve Fund Account. He has placed a copy of the Operational Guidelines issued by the National Horticulture Board [NHB] for releasing Capital Investment Subsidy for Construction/Expansion Modernization of Cold Storages/Storages of Horticulture Produce through NABARD to the concerned Bank. The copy of the Operational Guideline of the NHB is kept as part of the case record.

The hearing is complete and judgment is reserved.

JUDGE

Comparing Assistant