Ashok Kumar Barnwal v. The Bank of India and Anr

ORDER Page No.# 2/3

27.08.2024

Heard Mr. NH Laskar, the learned counsel appearing on behalf of the petitioner. Mr. A Ganguly, the learned counsel appears on behalf of the respondent Nos.1 and 2.

¶2The instant writ petition has been filed by the petitioner being aggrieved by the order dated 14.06.2024 whereby the learned Presiding Officer of the Debt Recovery Tribunal, Guwahati had rejected the request for filing the written statement cum evidence on affidavit on the ground of Section 19(5)(i) of the Recovery of Debts and Bankruptcy Act, 1993 (for short, the Act of 1993).

¶3It is seen from the impugned order itself that on 02.04.2024, the petitioner herein who was the respondent in those proceedings had appeared by filing vakalatnama and sought time for filing the written statement cum evidence on affidavit, which was permitted. Thereupon the matter was listed on 02.05.2024 and 15.05.2024, but no written statement cum evidence on affidavit was filed.

¶4Even on 14.06.2024 there was no written statement filed and verbally time was sought for which was rejected by the learned Tribunal.

¶5In view of the above, the conduct of the petitioner does not inspire this Court to entertain the instant writ petition by exercising the writ jurisdiction under Article 226 of the Constitution. Accordingly, the instant writ petition stands dismissed.

¶6Be that as it may, the dismissal of the instant writ petition shall not preclude the petitioner to avail such remedies as are available under the provisions of the Act of 1993.

¶7Interim order passed earlier stands vacated. Page No.# 3/3

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010163482024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4100/2024 ASHOK KUMAR BARNWAL S/O SADABRICH BARNWAL RESIDENT OF ITKHOLA SILCHAR, DIST CACHAR, ASSAM 788002 VERSUS THE BANK OF INDIA AND ANR REPRESENTED BY THE CHIEF MANAGER, BANK OF INDIA, ZONAL OFFICE, SAIKIA COMMERCIAL COMPLEX, SREE NAGAR, G.S ROAD, GUWAHATI 2:THE BRANCH MANAGER THE BANK OF INDIA CENTRAL ROAD SHILLONG PATTY SILCHAR DIST CACHAR ASSA Advocate for the petitioner(s): Mr. NH Laskar Advocate for the respondent(s): Mr. A Ganguly For respondent Nos.1 and 2 B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH