Gauhati High Court
National Small Industries Corporation ... vs M/S. P. Das And Company And 3 Ors on 17 May, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/3
GAHC010277482018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 4258/2018
In WP(C) no. 4757 of 2018
1:NATIONAL SMALL INDUSTRIES CORPORATION AND 5 ORS.
NSIC BHAWAN, OKHLA INDUSTRIAL ESTATE, NEW DELHI-110020,
REPRESENTED BY ITS CHAIRMAN, NATIONAL SMALL INDUSTRIES
CORPORATION, OKHLA INDUSTRIAL ESTATE, NEW DELHI-110020
2: ZONAL GENERAL MANAGER
NSIC LIMITED
INDUSTRIAL ESTATE
BYE LANE NO.3
BAMUNIMAIDAM
GUWAHATI
ASSAM-781021
3: CHIEF MANAGER
NSIC LTD.
INDUSTRIAL ESTATE
BYE LANE NO.3
BAMUNIMAIDAM
GUWAHATI
ASSAM-781021.
4: BRANCH HEAD
NSIC LTD.
INDUSTRIAL ESTATE
BYE LANE NO.3
BAMUNIMAIDAM
GUWAHATI
ASSAM-781021.
5: SR. BRANCH MANAGER
NSIC LTD.
INDUSTRIAL ESTATE
Page No.# 2/3
BYE LANE NO.3
BAMUNIMAIDAM
GUWAHATI
ASSAM-781021
6: CHIEF MANAGER (A/CS)
LEGAL AND RECOVERY
NSIC LTD.
INDUSTRIAL ESTATE
BYE LANE NO.3
BAMUNIMAIDAM
GUWAHATI
ASSAM-781021
VERSUS
1:M/S. P. DAS AND COMPANY AND 3 ORS.
A REGISTERED PARTNERSHIP FIRM HAVING ITS HEAD OFFICE AT GOPAL
ROAD, PAN BAZAR, GUWAHATI AND IS REPRESENTED BY ONE OF ITS
DULY AUTHORIZED PARTNER SHRI SWAPAN DAS, S/O LATE BHARAT
CHANDRA DAS, R/O LAMB ROAD, UZANBAAR, GUWAHATI
2:THE UNION OF INDIA
REP. BY THE SECRETARY
MINISTRY OF MSME (MICRO
SMALL AND MEDIUM ENTERPRISES)
DELHI
3:MANAGER
BANK OF BARODA
DISPUR BRANCH
GUWAHATI
ASSAM-781005
4:THE DIRECTOR OF INLAND WATER TRANSPORT
ULUBARI
GUWAHATI
ASSAM-78100
Advocate for the Petitioner : MR. M CHOUDHURY
Advocate for the Respondent : MR D SENAPATI
Page No.# 3/3
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 17-05-2019 Heard Mr A D Choudhury, learned counsel for the applicants and Mr G N Sahewalla, learned Senior Counsel assisted by Ms S S Bawri, learned counsel for opposite party No. 1.
Perused the orders dated 27.03.2019 and 02.05.2019. On 02.05.2019, the following order was passed:-
"Mr Sahewalla submits that because of non-receipt of funds from various sources, opposite party No. 1 permitted applicants to encash one of the bank sguarantees to the extent of ₹ 10 lacs in terms of order dated 27.03.2019.
Mr Munir submits that because of operation of the stay order, the concerned bank is not encashing the bank guarantee.
Be that as it may, in terms of order dated 27.03.2019, opposite party No. 1 should furnish schedule of repayment within 10 (ten) days from today."
Today, when the matter is called upon, Mr Sahewalla has furnished the schedule of repayment of the petitioner, as per which the outstanding dues will be repaid within a period of 8 (eight) months from May, 2019 to December, 2019.
Mr A D Choudhury, learned counsel to obtain instructions. In the meanwhile, in the event of validity of any bank guarantee of the opposite party No. 1 expiring or is about to expire, it is open to opposite party No. 1 to get the validity of those bank guarantees extended with due intimation to the applicants.
List on 24.05.2019.
JUDGE Comparing Assistant