The Branch Manager v. Bogidhola Tea and Trading Co. (P) Ltd., and 2 Ors

ORDER Date : 13.08.2024

Heard Mr. P. Das, learned counsel appearing on behalf of the applicant. Also heard Mr. Bedanta Kaushik, learned counsel appearing on behalf of the Opposite Party/writ petitioner.

The present interlocutory application has been instituted by the respondent No. 4, herein, i.e. Branch Manager, Axis Bank Ltd., Guwahati Branch, as an applicant, praying for the following directions:

Page No.# 4/5 "In the aforesaid premises, it is there-fore prayed that Your Lordships would graciously be pleased to pass order directing the writ petitioner to submit its {i}. if he is agreed to continue with its registered corporate office address, its {a} Certificate Of Incorporation" Or {b}. GST Registration certificate Or {c} Trade licence in the name of the Company against its registered office situated at Letekujan, Golaghat as latest/upto-date address proof of its registered office address, Or any available acceptable documents from the list of 17 numbers of documents as per Annexure-A and G. -OR- {ii} The writ petitioner, if he is agreed to keep its local Admin office address as "Parag Bhawan, Ulubari, G.S. Road, Ghy, then the writ petitioner may be directed to submit the "Trade Licence" issued by the Guwahati Municipal Corporation to the Company against its local Admin office at Guwahati, showing its local office address as "Parag Bhawan, 4th floor, Ulubari, G.S. Road, Ghy, Or any available acceptable documents from the list of 17 numbers of documents as per Annexure-A and G, within 48 hours and upon failure, vacate the interim order dated 13/09/2023 passed in W.P.(c) No.5043/2023."

The documents sought for from the petitioner Company by the applicant Bank in terms of the above prayer, are in the alternative. Mr. Kaushik, learned counsel, has submitted that in terms of the directions passed by this Court vide order, dated 19.04.2024; the petitioner Company had submitted a certificate, dated 24.04.2024, from the Letukajan Gaon Panchayat verifying the address of the registered Office of the petitioner Company.

It is contended at the Bar that the said certificate as submitted by the petitioner Company vide communication, dated 25.04.2024, is one of the 17(seventeen) documents as mandated for the purpose of verifying the "KYC of a customer of a Bank".

Page No.# 5/5 The said position is not disputed by the applicant Bank. In the above view of the matter, the said certificate not having been disputed by the applicant, herein; the documents as sought for in terms of the prayers as made in the instant interlocutory application is to be held to have been complied with by the opposite parties/writ petitioners and accordingly, this Court is of the considered view that no further adjudication is called for in this interlocutory application and consequently, the same stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010250382023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3344/2023o THEoBRANCHoMANAGERo GUWAHATIoBRANCH,oAXISoBANKoLTD.,oCHIBBERoHOUSE,oG.S.oROAD,o GUWAHATI,oPIN-o781005. VERSUSo BOGIDHOLAoTEAoANDoTRADINGoCO.o(P)oLTD.,oANDo2oORSo AoREGISTEREDoCOMPANY,oHAVINGoITSoREGISTEREDoOFFICEoATo BOGIDHOLAoTEAoESTATE,oP.O.oLETEKUJAN-785613,oGOLAGHAT,oASSAMo ANDoADMN.oHEADoOFFICEoAToPARAGoBHAWAN,o4THoFLOOR,oULUBARI,o G.S.oROAD,oGUWAHATI-781007,oREPRESENTEDoBYoITSoEXECUTIVEo DIRECTOR,oPRAVIRoKR.oROY. 2:THEoRESERVEoBANKoOFoINDIA oREPRESENTEDoBYoTHEoGOVERNOR oHAVINGoITSoHEADoOFFICEoATo18THoFLOOR oCENTRALoOFFICEoBUILDINGoSHAHIDoBHAGAToSINGHoROAD oMUMBAI oPIN-o400001. 3:THEoCHIEFoGENERALoMANAGER oRESERVEoBANKoOFoINDIA oREGIONALoOFFICE oSTATIONoROAD oMAWHATI oPANoBAZAR oGUWAHATI oPIN-o781001o AdvocateoforotheoPetitionerooooo:oMR.oPoDAS,o Page No.# 2/5 Advocate for the Respondent : MR B KAUSHIK, Linked Case : WP(C)/5043/2023 BOGIDHOLA TEA AND TRADING CO. (P) LTD. A REGISTERED COMPANY HAVING ITS REGISTERED OFFICE AT BOGIDHOLA TEA ESTATE P.O. LETEKUJAN-785613 GOLAGHAT ASSAM AND ADMN. HEAD OFFICE AT PARAG BHAWAN 4TH FLOOR ULUBARI G.S. ROAD GUWAHATI-781007 REPRESENTED BY ITS EXECUTIVE DIRECTOR PRAVIR KR. ROY. VERSUS THE RESERVE BANK OF INDIA AND 4 ORS REPRESENTED BY THE GOVERNOR HAVING ITS HEAD OFFICE AT 18TH FLOOR CENTRAL OFFICE BUILDING SHAHID BHAGAT SINGH ROAD MUMBAI PIN- 400001. 2:THE CHIEF GENERAL MANAGER RESERVE BANK OF INDIA REGIONAL OFFICE STATION ROAD MAWHATI PAN BAZAR GUWAHATI PIN- 781001. 3:M/S. AXIS BANK LTD. AXIS HOUSE C-2 WADIA INTERNATIONAL CENTRE Page No.# 3/5 PANDURANG BUDHKAR MARG WORLI MUMBAI-400025 REPRESENTED BY MANAGING DIRECTOR. 4:THE BRANCH MANAGER GUWAHATI BRANCH AXIS BANK LTD. CHIBBER HOUSE G.S. ROAD GUWAHATI PIN- 781005. 5:THE DEPUTY MANAGER GUWAHATI BRANCH AXIS BANK LTD. CHIBBER HOUSE G.S. ROAD GUWAHATI PIN- 781005. ------------ Advocate for : MR B KAUSHIK Advocate for : MR. P DAS (R- 3 5) appearing for THE RESERVE BANK OF INDIA AND 4 ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR