Gauhati High Court
Sanjay Kumar Deorah vs Indian Overseas Bank And 6 Ors on 29 May, 2023
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GAHC010087532023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1078/2023
SANJAY KUMAR DEORAH,
S/O SHYAM SUNDER DEORAH, R/O A.T. ROAD, P.O. AND DISTRICT.
DIBRUGARH, ASSAM, PIN 786001.
VERSUS
INDIAN OVERSEAS BANK AND 6 ORS.
HAVING ITS HEAD OFFICE AT CENTRAL OFFICE, 6TH FLOOR, ANNEX
BUILDING, 763, ANNA SALAI, CHENNAI-600002, TAMIL NANDU, INDIA.
2:DY. COMMISSIONER
DIBRUGARH
3:DHARMA DAS
S/O. SRI KATIRAM DAS
R/O. SOUTH AMOLAPATTY
GUARD QUARTER
P.O. MOHANAGHAT
DIBRUGARH
ASSAM.
4:RADHA MOHAN TELI
S/O. LT. UDAY CH. TELI
R/O. LONGSU GAON
MOUZA-LAHOWAL
P.S. LAHOWAL
DIST. DIBRUGARH
ASSAM.
5:BIRENDRA KUMAR SINHA
S/O. SRI LAXMI KUMAR SINHA
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R/O. SHIV MANDIR
STATION ROAD
DIBRUGARH
ASSAM.
6:PRASANNA TAMULI
S/O. LT. HIRA NATH TAMULI
R/O. MOHMARI GAON
P.O. KATHALGURI
DULIAJAN
ASSAM PRESENTLY RESIDING AT SANKARDEV COLONY
P.O. GARWA PATHAR
DIST. DIBRUGARH
ASSAM.
7:THE RECOVERY OFFICER
DEBTS RECOVERY TRIBUNAL
GUWAHATI
PIN 781007
Advocate for the Petitioner : MR N N UPADHYAYA
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/9010/2019
SANJAY KUMAR DEORAH
S/O- SHYAM SUNDER DEORAH
R/O- AT ROAD
DIBRUGARH- 786001
ASSAM
VERSUS
INDIAN OVERSEAS BANK AND 3 ORS
HAVING ITS HEAD OFFICE AT CENTRAL OFFICE
6TH FLOOR
ANNEXE BUILDING
763
ANNA SALAI
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CHENNAI- 600002
TAMIL NADU
INDIA
2:THE REGIONAL MANAGER
INDIAN OVERSEAS BANK
DONA PLANET JUPITARA PALACE
2ND FLOOR
ABC POINT
OPP GS ROAD
SREE NAGAR
GUWAHATI
ASSAM
PIN- 781005
3:THE BRANCH MANAGER
INDIAN OVERSEAS BANK
DIBRUGARH BRANCH
HS ROAD
DIBRUGARH
ASSAM
PIN- 786001
4:THE RECOVERY OFFICER NO.II
DRT
ULUBARI
SWARNA BHAWAN
NEW TOWN PATH
GS ROAD
NEAR HANUMAN MANDIR
GUWAHATI
ASSAM
PIN- 781007
------------
Advocate for : MR. M SHARMA
Advocate for : MR. A GANGULY appearing for INDIAN OVERSEAS BANK AND 3
ORS
Linked Case : WP(C)/514/2020
INDIAN OVERSEAS BANK AND ANR.
A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES
ACQUITITION AND THE TRANSFER OF UNDERTAKINGS ACT 1970
HAGING ITS PRINCIPAL REGD. AND HEAD OFFICE AT 763
ANNA SALAI
CHENNAI-600002 AND HAVING A REGIONAL OFFICE
AT JUPITARA PALACE
A.B.C. BUS STOP
Page No.# 4/6
G.S. ROAD
GUWAHATI-781005.
2: ASHOK KUMAR MOHAPATRA
S/O. SRI HRUSIKESH MOHAPATRA
PRESENTLY POSTED AS ASSTT. GENERAL MANAGER
INDIAN OVERSEAS BANK
REGIONAL OFFICE
AT JUPITARA PALACE
A.B.C. BUS STOP
G.S. ROAD
GUWAHATI-781005.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
THROUGH THE COMMISSIONER AND SECY. DEPTT. OF REVENUE GOVT. OF
ASSAM
DISPUR
GUWAHATI.
2:DY. COMMISSIONER
DIBRUGARH
3:DHARMA DAS
S/O. SRI KATIRAM DAS
R/O. SOUTH AMOLAPATTY
GUARD QUARTER
P.O. MOHANAGHAT
DIBRUGARH
ASSAM.
4:RADHA MOHAN TELI
S/O. LT. UDAY CH. TELI
R/O. LONGSU GAON
MOUZA-LAHOWAL
P.S. LAHOWAL
DIST. DIBRUGARH
ASSAM.
5:BIRENDRA KUMAR SINHA
S/O. SRI LAXMI KUMAR SINHA
R/O. SHIV MANDIR
STATION ROAD
DIBRUGARH
ASSAM.
6:PRASANNA TAMULI
S/O. LT. HIRA NATH TAMULI
R/O. MOHMARI GAON
P.O. KATHALGURI
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DULIAJAN
ASSAM PRESENTLY RESIDING AT SANKARDEV COLONY
P.O. GARWA PATHAR
DIST. DIBRUGARH
ASSAM.
------------
Advocate for : MR. A GANGULY
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
29.05.2023
Heard Mr. N.N. Upadhyaya, learned counsel for the applicant; Mr. A. Dhanuka, learned
counsel for the opposite party no. 1; Mr. A. Bhattacharya, learned Standing Counsel, Revenue
Department for the opposite party no. 2; and Ms. S. Sarma, learned Junior Government
Advocate, Assam for the opposite party no. 3.
2. The instant interlocutory application has been preferred by the applicant seeking his
impleadment as a party-respondent in the connected writ petition, W.P.[C] no. 514/2020. The
opposite party no. 1 as the writ petitioner, has preferred the writ petition, W.P.[C] no.
514/2020 in connection with execution of a Recovery Certificate issued pursuant to a
judgment dated 12.09.2014 passed in an original application, O.A. no. 192/2012 by the Debts
Recovery Tribunal, Guwahati. It is averred that the applicant is the auction purchaser in
respect of a plot of land measuring 5 Bighas 1 Katha 8 Lessas, covered by Dag nos. 435 &
437, located at Village - Longsa Gaon, Mouza - Lahoal, District - Dibrugarh by submitting bid
@ Rs. 16,70,000/-. It is further averred that he had deposited the entire amount in terms of
the concerned e-Auction Sale Notice. It is, thus, averred that the applicant is a necessary
party in the proceedings of the connected writ petition.
3. Mr. Dhanuka, learned counsel for the opposite party-writ petitioner has submitted that
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he has no objection as regards impleadment of the applicant as a party-respondent in the
connected writ petition, W.P.[C] no. 514/2020.
4. Having gone through the averments made in the interlocutory application, it is found
that the applicant has made out a prima facie case for his impleadment to participate in the
proceedings of the connected writ petition. Moreover, the opposite party no. 1-petitioner has
no objection to the prayer for impleadment of the applicant as a party-respondent in the
connected writ petition, W.P.[C] no. 514/2020. Accordingly, the interlocutory application
seeking impleadment of the applicant as the party respondent no. 8 is allowed.
5. In view of the order passed today in the interlocutory application, I.A.[C] no.
1078/2023, office to make necessary correction in the cause-title of the writ petition, W.P.[C]
no. 514/2020 and list the case after 2 [two] weeks in the admission column along with W.P.
[C] no. 9010/2019.
JUDGE
Comparing Assistant
