Page No.# 1/3 vs The Recovery Officer And 2 Ors
2023 Latest Caselaw 790 Gua

                                                                  Page No.# 1/3

GAHC010030862023




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

                                 Case No. : CRP(IO)/41/2023

            M/S GABHARU ENTERPRISE AND 2 ORS
            A PROPRIETORSHIP FIRM HALESWAR GOROIMARI P.O. HALESWAR DIST.
            SONITPUR ASSAM 784104

            2: SIMANTA SAIKIA
             PROPRIETOR OF M/S GABHARU ENTERPRISE HALESWAR GOROIMARI
            P.O. HALESWAR DIST SONITPUR ASSAM 784104

            3: MEEN SAIKIA
            W/O SIMANTA SAIKIA HALESWAR GOROIMARI P.O. HALESWAR DIST
            SONITPUR ASSAM 78410

            VERSUS

            THE RECOVERY OFFICER AND 2 ORS
            DEBTS RECOVERY TRIBUNAL (DRT) GUWAHATI SUWARNA BHAWAN
            HOUSE NO. 12 NEW TOWN PATH NEAR HANUMAN MANDIR G.S. ROAD
            ULUBARI GUWAHATI 781001 ASSAM

            2:BANK OF BARODA
             REP. BY ITS BRANCH MANAGER MB ROAD NEAR IDD GAAH FIELD
            TEZPUR DIST. SONITPUR ASSAM 784001

            3:THE REGIONAL MANAGER
             REGIONAL OFFICE BANK OF BORODA CRYSTAL ENCLAVE SEUNI ALI
            BORPOOL A T ROAD P.O. AND DIST. JORHAT ASSAM 78500

Advocate for the Petitioner   : MR. D DAS SR. ADV

Advocate for the Respondent :
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                            BEFORE
          HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

                                    ORDER

27.02.2023

Heard Mr. D Das, learned senior counsel assisted by Mr. I Das, learned counsel appearing for the petitioners.

On 04.08.2022, the DRT, Guwahati in OA No.99/2018 passed a Judgment holding the petitioners herein liable to pay a sum of Rs.1,28,73,164.61p. Following the Judgment, on 14.09.2022 a recovery certificate for the said amount was issued. Since the aforesaid amount could not be paid by the petitioners within the time period, a possession notice under Rule 8 (1) of the SARFAESI Act, 2002 was issued. Following issuance of the notice, the secured properties (physical possession) of the petitioners were directed to be handed over to the creditor.

Being aggrieved the petitioner approached the DRT Guwahati by filing two applications being SA No.98/2022 and SA No.105/2022. Both the applications were disposed of by the order dated 04.01.2023 wherein the possession notice was quashed and set aside and the Bank was directed to restore the possession of the properties within 30(thirty) days. However, before the possession of the properties were restored, the same DRT passed an order dated 01.02.2023 for sale of the properties by auction. Aggrieved, the petitioners are before this Court challenging the same and at the same time praying for stay till disposal of the revision petition.

Issue notice to the respondents, returnable within four weeks.

Petitioners shall take steps upon the respondents within two days so that Page No.# 3/3

notice may be sent through registered post with A/D.

List again after four weeks.

Till the returnable date, the impugned order dated 01.02.2023 passed by the learned Recovery Officer, DRT, Guwahati in R.C.No.66/2022 arising out of O.A.No.98/2018 shall remain stayed.

JUDGE

Comparing Assistant