M/S Steel Engineers v. M/S Swahid Kushal Konwar Samabaya Sutakol Ltd

ORDER Date : 06-11-2024 Heard Mr. N Choudhury, learned counsel for the petitioner. In terms of the order dated 03/10/2024 passed by this Court, the learned District & Sessions Judge Golghat has submitted the report stating in detail the reason for the pendency Page No.# 2/3 of the Money Execution Case No. 01/2009. This Court has perused the report dated 04/11/2024 passed by the Office of the District & Sessions Judge, Golaghat. The summary and analysis of the report is reproduced herein below; "Summary and Analysis-The main reasons for delay and long pendency of this Money Execution Case can be attributed to-a) The J.D being a government entity the execution process faced complications. b) No support from the Deputy Registrar of Cooperative Society, Jorhat and the Government Pleader (G.P) is gathered. c) The D.H has taken many adjournments and has not cooperated in many instances with the Civil Nazir exacerbating the delay. d) The Coivd-19 pandemic and the death of the D.H also added to the delay in the proceedings. Looking at the pendency of this case, special attention has been given to this money execution case to expedite its early disposal." Mr. H.R Choudhury, learned counsel for the petitioner submits that since the report submitted by the learned District & Sessions Judge shows that the property of the J.D has been attached nothing remains to be adjudicated in the present petition and therefore, the learned counsel submits that the present petition may be disposed with a direction to the learned District & Sessions Judge, Golaghat to dispose the Money Execution Case No. 01/2009. In view of the submissions made by the learned counsel for the petitioner and upon considering the report dated 04/11/2024 submitted by the learned District & Sessions Judge, Golaghat, this Court is inclined to close the present petition with a direction to the learned Page No.# 3/3 District & Sessions Judge to dispose the Money Execution Case No. 01/2009 as expeditiously as possible and in accordance with law. Petition disposed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010045852022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/115/2022 M/S STEEL ENGINEERS A PROPRIETORIAL CONCERN HAVING ITS OFFICE AT SILPUKHURI, GUWAHATI-781003 AND REPRESENTED BY ITS PROPRIETOR SRI AMITH GOSWAMI, S/O LATE SANJIB GOSWAMI, R/O G.N.B. ROAD, SILPUKHURI, NEXT TO JUNGLE TRAVELS, GUWHAATI-781003 VERSUS M/S SWAHID KUSHAL KONWAR SAMABAYA SUTAKOL LTD A REGISTERED COOPERATIVE SOCIETY HAVING ITS REGISTERED OFFICE AT DABIDUBI, DIST- GOLAGHAT, ASSAM, PIN-785621 Advocate for the Petitioner : MR. B D DEKA, MR A DEKA,MR A BHATRA,N CHAUDHURY Advocate for the Respondent : MR. M DAS, BEFORE HONOURABLE MR. JUSTICE K. SEMA