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2023 Supreme(Gau) 1189

DEVASHIS BARUAH
New Malamati Tea Estate – Appellant
Versus
Union of India, Rep. by the Secretary to the Ministry of Finance – Respondent


Advocates Appeared:
For the Petitioner: Mr. A. Biswas.
For the Respondent: Mr. S. Borthakur, Mr. S.S. Roy, CGC.

JUDGMENT :

1. The instant writ petition is filed by the Petitioners challenging the communication dated 01.08.2019 issued by the Respondent No.3 i.e. the Under Secretary to the Government of India, Ministry of Finance and also for a direction that the Original Application No. 97/2019 pending before the Debt Recovery Tribunal, Guwahati should be transferred to appropriate Civil Court having jurisdiction over the subject matter.

2. The facts involved in the instant case are that Section 1(4) of the Recovery of Debts and Bankruptcy Act, 1993 (formerly known as Recovery of Debts Due to Banks and Financial Institutions Act, 1993) stipulates that the provisions of the said Act i.e. the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter for short referred to as “the Act of 1993”) shall not apply where the amount of debt due to any bank or financial institution or to a consortium of Banks or financial institution is less than Rs.10,00,000/- or such other amount being not less than Rs.1,00,000/- as the Central Government may, by notification specify.

3. It reveals from the records that the Central Government had issued a notification on 06.09.2018 in exercise of the powers under Sub-Secti

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