Smt. Sima Das (Ghosh) vs The Managing Director And 3 Others
2026 Latest Caselaw 1178 Tri

Tripura High Court

Smt. Sima Das (Ghosh) vs The Managing Director And 3 Others on 27 February, 2026

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                 HIGH COURT OF TRIPURA
                         AGARTALA
                    WP(C)No.128 of 2026
Smt. Sima Das (Ghosh), UDC
                                                       ---Petitioner(s)
                               Versus
The Managing Director and 3 Others
                                                  ----Respondent(s)

For Petitioner(s) : Mr. Prasanta Kr. Pal, Adv.

Mr. Abhinandan Pal, Adv.

For Respondent(s) : None

HON'BLE MR. JUSTICE BISWAJIT PALIT

Order

27/02/2026

Learned Counsel Mr. P. K. Pal along with Mr. A. Pal is present

for the petitioner.

Heard Learned Counsel for the petitioner.

It is the case of the petitioner that the respondent No.4 Shri

Rajib Das took a sum of Rs.2,85,000/- from Tripura Scheduled

Caste Co-operative Development Corporation Limited wherein the

present petitioner was stood as guarantor. The said borrower

defaulted in making payment. So notice has been issued upon the

petitioner for recovery of the payment. But according to Learned

Counsel as per terms of agreement there is no scope to ask the

petitioner to make the payment of defaulted amount as because

there is clause in the agreement to take possession of the

mortgaged property obtained and to sell the same and thereafter

in case of non-realization only the scope would come for the

respondent No.1 to recover the money from the petitioner. But in

this case the respondent No.1 without following the terms and

conditions issued notice upon the petitioner.

In view of the submission made by the Learned Counsel

appearing for the petitioner, notice be issued upon all the

respondents both in the main petition and also in the IA.

The petitioner may take steps for service of notice upon the

respondents both by normal process and registered A/D post or

speed post and file proof of service.

List this matter on 07.04.2026.

                                                                 JUDGE




MOUMITA                       Digitally signed by MOUMITA
                              DATTA

DATTA                         Date: 2026.03.02 11:45:21
                              +05'30'
Moumita