Gauhati High Court
Dist- Nagaon vs The Debts Recovery Tribunal And 2 Ors on 19 January, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/2
GAHC010280442023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5820/2018
ABU HASSAN TARIQUE AHMED
S/O- MD. SOHRABUDDIN AHMED
VILL- MADHUPUR SALMARI
PO MADHUPUR
NAGAON 782003
DIST- NAGAON
ASSAM
VERSUS
THE DEBTS RECOVERY TRIBUNAL AND 2 ORS.
APSARA BUILDING
1ST FLOOR
B.BAROOAH ROAD
ULUBARI
GHY- 7
DIST- KAMRUP (M)
ASSAM
2:THE RECOVERY OFFICER
DEBTS RECOVERY TRIBUNAL
APSARA BUILDING
1ST FLOOR
B.BAROOAH ROAD
ULUBARI
GHY-7
DIST- KAMRUP (M)
ASSAM
3:STATE BANK OF INDIA
NAGAON BAZAR BRANCH
REP. BY ITS BRANCH MANAGER MOTIRAM BORA ROAD
ELPHINSTONE CHARIALI
NAGAON- 782001
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DIST- NAGAON
ASSAM
For the Petitioner(s) : Mr. M. Kataki, Advocate
For the Respondent(s) : Mr. S. Dutta, Standing Counsel
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 19.01.2024
1. The instant writ petition has been filed by the Petitioner challenging the order dated 20.07.2018 passed by the Recovery Officer II, Debt Recovery Tribunal, Guwahati whereby the mortgaged properties which were described in the recovery certificate were attached.
2. This Court has also taken note of that an appeal also lies against the said order dated 20.07.2018 under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993 as amended. Further to that, this Court does not find any jurisdictional error committed by the Recovery Officer, Debt Recovery Tribunal, Guwahati in passing the impugned order dated 20.07.2018. Consequently, the question of issuance of a writ in the nature of certiorari does not arise. Accordingly, this Court does not find any merit in the instant writ petition for which the instant writ petition stands dismissed.
3. The interim order so passed earlier stands vacated.
JUDGE Comparing Assistant