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2018 Supreme(Gau) 805

IN THE HIGH COURT OF GAUHATI
A.K.GOSWAMI, J.
Satya Megha Industries and Ors. - Appellants
Vs.
Punjab National Bank and Ors. - Respondents
CRP 314 of 2017
Decided On : 24-01-2018

Advocates:
Advocate Appeared:
For the Appellant : S.P. Roy
For the Respondents: A. Ganguly

Headnote:

Civil procedure code - 1908 - Section 151 & 24 – Rule 1 and 2 - Order 39 - SARFAESI Act - Section 13 - Legal Practitioners Act - Section 13 – Claim - Fraud - Demand - Declaration that total alleged claimed of Rupees thirty two cores fifty seven twenty six thousand eighty four and two paisa only shown by defendant bank against plaintiffs is incorrect illegal and not legally recoverable debt and said demand is the result of fraud – Held, It must not be forgotten that petitioners are enjoying an ex parte injunction order for more than year - As trial court had stayed injunction proceeding till such time application under Order Rule CPC is decided injunction proceeding is yet to be decided - When very same Judicial Officer had passed ex parte injunction order all was well with petitioners but as he tried and attempted to dispose of application under Order Rule CPC petitioners raised unfounded allegations against him – Petition dismissed

JUDGMENT :

Arup Kumar Goswami, J.

1. Heard Mr. S.P. Roy, learned counsel for the petitioners. Also heard Mr. A. Ganguly, learned counsel for the respondents.

2. By this application under Section 115 read with Section 151 CPC, the petitioners assail the order dated 5.9.2017 passed by the learned District Judge, Kamrup, Guwahati in Transfer Misc. Case (C) No. 14/2017 rejecting the application filed by the petitioner praying for transfer of Title Suit No. 520/2016 along with Misc. (J) Case No. 805/2016 from the court of the learned Civil Judge, No. 3, Kamrup(M) to any other competent court of law.

3. The petitioners, on 15.12.2016 had filed the aforesaid Title Suit No. 520/2016 praying for the following reliefs:

"1. Declaration that total alleged claimed of Rs. 32,57,26,084.02 (Rupees thirty two crores fifty seven lakhs twenty six thousand eighty four and two paise only) shown by the defendant bank against the plaintiffs, is incorrect, illegal and not legally recoverable debt and said demand is the result of fraud;

2. Declaration that the classification of the C.C. Account Nos. 018900870000880 and 1201008700002212, Term Loan I Account No. 018900IC00990251, Term Loan II Account No. 018900IC00990367, WCTL Account No. 018900IC00990659, FITL Account No. 018900IC00990668 as Non Performing Asset on 31.3.2016 by the defendants is illegal, against the R.B.I. Guidelines, forged, fraud, manipulated, concocted with oblique motive and null and void;

3. Declaration that the entire SARFAESI proceeding initiated by the defendant Bank is illegal, null and void, fraudulent, capricious, malicious, inadmissible and void ab-initio and based on fraud;

4. Declaration that the notice dated 4.7.2016 issued under Section 13(2) of the SARFAESI Act by the defendant No. 2 is illegal, fraudulent, malicious, inadmissible, not binding upon the plaintiffs and void ab-initio;

5. Declaration that possession Notice dated 15.9.2016 and 16.9.2016 are illegal, null and void, fraudulent, malicious, inadmissible and null and void;

6. Declaration that the defendant Bank has no right to take any actions including actions under the SARFAESI Act action against the properties described in the Schedules A and B below on the strength of forged, inadmissible, manipulated statement of accounts, illegal declaration of the accounts of the plaintiff as NPA;

7. Declaration that the statement of accounts maintained by the defendant Bank in respect of C.C. Account Nos. 0189008700008801 and 1201008700002212, Term Loan I Account No. 018900IC00990251, Term Loan II Account No. 018900IC00990367, WCTL Account No. 018900IC00990659, FITL Account No. 018900IC00990668 are illegal, incorrect, null and void, fraudulent, capricious, malicious, inadmissible and manipulative and not binding upon the plaintiffs;

8. Permanent injunction restraining the defendants, their employees, agents, workers and associates, personnel or anyone claiming through the defendants from entering upon the immovable properties described in the Schedules A and B below and taking over the forceful actual physical possession of the properties mentioned in the Schedules A and B below and also from encumbering, alienating and changing the nature and character of the said properties as described in the Schedules A and B below in any manner.

9. Cost of the suit.

10. Any other relief(s) as may deem fit and proper."

4. Along with the suit, the plaintiffs had also filed an application under Order 39 Rule 1 and 2 read with 151 CPC, which was registered as Misc. (J) Case No. 805/2016, praying for an injunction restraining the defendants, their employees, agents, workers, etc. from entering and taking forceful possession of immovable properties described in Schedule A and B of the petition and from encumbering/alienating/changing the nature and character of Schedule A and B properties.

5. The learned Civil Judge, No. 3 by his order dated 15.12.2016 in Misc. (J) Case No. 80/2016 passed an order of maintenance of status quo with respect to possession









































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