M/S Kbs Motors & Anr. vs . State Bank Of India & Anr.
2024 Latest Caselaw 77 Meg

High Court of Meghalaya

M/S Kbs Motors & Anr. vs . State Bank Of India & Anr. on 27 February, 2024

Author: H. S. Thangkhiew

Bench: H. S. Thangkhiew

Serial No. 14
Regular List
                              HIGH COURT OF MEGHALAYA
                                    AT SHILLONG

    WP(C) No. 12 of 2024                               Date of Decision: 27.02.2024


    M/s KBS Motors & Anr.                 Vs.        State Bank of India & Anr.

    Coram:
                     Hon'ble Mr. Justice H. S. Thangkhiew, Judge


    Appearance:
    For the Petitioner/Appellant(s) :           Mr. A. Sahu, Adv.
                                                Ms. A. Pradhan, Adv.

    For the Respondent(s)             :         Mr. S. Dutta, Adv.
                                                Ms. P. Riahtam, Adv.

    i)         Whether approved for reporting in                 Yes/No
               Law journals etc:

    ii)  Whether approved for publication         Yes/No
         in press:
    ____________________________________________________________

                          JUDGMENT AND ORDER (ORAL)

1. This writ petition which is connected to the facts of WP(C)

No. 373 of 2023, is with a prayer of the issuance of appropriate

directions to allow the petitioners a period of 1(one) year to remove the

movable assets from the properties which have already been auctioned

on 31.08.2023, pursuant to the orders of the Debt and Recovery

Tribunal dated 30.08.2022.

2. It has been submitted by the counsel for the petitioner that out

of the 3(three) plots of land, which had been auctioned, the respondent

No. 2, had purchased 2(two) plots situated at Laitkor, Mawrie Lumheh

Madan Sohniar, and Laitkor, Mawrie Kyntoit Madan Sohniar, and that

in the said properties, movable assets such as beds, cabinet boxes,

wooden platforms, vehicles and other articles belonging to the

petitioners are still lying there. He prays that the petitioners be allowed

1(one) year time to remove the said movable assets.

3. Though notice is yet to issue to respondent No. 2, in view of

the limited prayer of the writ petitioner, and as the auction has been

completed as far back as on 31.08.2023, the petitioners are allowed

3(three) months' time from the date of this order to remove all movable

assets from the said properties.

4. With the above noted directions, this instant writ petition

stands disposed of.

Judge Meghalaya 27.02.2024 "D.Thabah-PS"