Page No.# 1/3 vs Dipankar Barua
2025 Latest Caselaw 5385 Gua

Gauhati High Court

Page No.# 1/3 vs Dipankar Barua on 16 June, 2025

                                                                           Page No.# 1/3

GAHC010064912025




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

                                  Case No. : I.A.(Civil)/925/2025

            M/S TEA BROKERS (GUWAHATI) PVT. LTD. AND ANR
            A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS
            REGISTERED OFFICE AT SURAJ NAGAR PATH, SIXMILE, GUWAHATI -
            781022, DISTRICT KAMRUP (M), REPRESENTED BY ITS DIRECTOR.

            2: DIPANKAR BARUA
             S/O- SHRI SUDHIN CHANDRA BARUA
             DIRECTOR
            TEA BROKER (GUWAHATI) PVT. LTD.
             SURAJ NAGAR
             SIXMILE
             KHANAPARA
             GHY-781022
             DIST- KAMRUP(M)
            ASSA




            VERSUS

            DIPANKAR BARUA
            S/O.- NARENDRA DHAR BARUA, HOUSE NO. 10, BYE LANE NO. 6,
            RAJGARH ROAD, GUWAHATI - 05, DISTRICT - KAMRUP (M), ASSAM



Advocate for the Petitioner   : MR. N DEKA, MR. M GOGOI

Advocate for the Respondent : ,
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                                BEFORE
                   HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

Date :16.06.2025

Heard Mr. M. Gogoi, learned counsel for the applicants.

2. This interlocutory application under Order XLI Rule 4 of the Code of Civil Procedure, 1908, is preferred by the applicants for staying of the execution of the judgment and decree dated 25.02.2015, passed by the learned Civil Judge No. 2, Kamrup (M) at Guwahati in M.S. No. 05/2007, and the judgment dated 05.12.2024, passed by the learned Additional District Judge No.3, Kamrup (M) at Guwahati in Money Appeal No. 20/2022.

3. Mr. Gogoi, learned counsel for the applicants submits that though this interlocutory application is preferred for staying the judgment and decree dated 25.02.2015, passed by the learned Civil Judge No. 2, Kamrup (M) at Guwahati and also the judgment dated 05.12.2024, passed by the learned Additional District Judge No.3, Kamrup (M) at Guwahati, yet as per his information no execution proceeding has been initiated before the learned trial Court till date.

4. Accordingly, this Court is inclined to issue notice to the respondent/opposite party, returnable in 2(two) weeks.

5. Steps be taken upon respondent/opposite party by registered post with A/D as well as usual process within a period of one week from today. Dasti service is also permitted.

6. After effecting service upon the respondent/opposite party the counsel for Page No.# 3/3

the applicant shall file affidavit before this Court.

7. List accordingly.

JUDGE

Comparing Assistant