Abu Hassan Tarique Ahmed v. The Debts Recovery Tribunal and 2 Ors

ORDER Date : 19.01.2024

¶1The 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.

¶2This 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.

¶3The interim order so passed earlier stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010280442023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/5820/2018 ABUoHASSANoTARIQUEoAHMED S/O-oMD.oSOHRABUDDINoAHMED oVILL-oMADHUPURoSALMARI oPOoMADHUPUR oNAGAONo782003 oDIST-oNAGAON oASSAM oVERSUS THEoDEBTSoRECOVERYoTRIBUNALoANDo2oORS. APSARAoBUILDING o1SToFLOOR oB.BAROOAHoROAD oULUBARI oGHY-o7 oDIST-oKAMRUPo(M) oASSAM 2:THEoRECOVERYoOFFICER DEBTSoRECOVERYoTRIBUNAL oAPSARAoBUILDING o1SToFLOOR oB.BAROOAHoROAD oULUBARI oGHY-7 oDIST-oKAMRUPo(M) oASSAM o3:STATEoBANKoOFoINDIA NAGAONoBAZARoBRANCH oREP.oBYoITSoBRANCHoMANAGERoMOTIRAMoBORAoROAD oELPHINSTONEoCHARIALI oNAGAON-o782001 Page No.# 2/2 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