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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANISH CHOUDHURY
Sayed Suhel Enterprise – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. factual background of the loan and arbitration issues. (Para 2 , 3) |
| 2. jurisdiction under article 226 regarding public functions. (Para 4 , 5) |
| 3. distinction between public and private entities in article 226. (Para 6 , 8 , 9 , 10) |
| 4. private contracts not enforceable under article 226. (Para 11 , 12 , 14) |
| 5. (Para 15) |
JUDGMENT & ORDER :
MANISH CHOUDHURY, J.
1. Heard Mr. S.S. Ahmed, learned counsel for the petitioner.
2. The case projected by the petitioner, in brief, is that the petitioner, a proprietorship firm, has been running and operating an export-import business of limestone with Bangladesh from Karimganj [presently, Sribhumi] since the year 2020.
3. It is stated that in the months of October/November, 2023, the respondent no. 3 offered an unsecured business loan to the petitioner for an amount of Rs. 21,99,400/- and the same was sanctioned on 29.12.2023 vide Loan no. PO45PHF10313818. After sanctioning of the loan, the petitioner paid 15 nos. of Equated Monthly Installments [EMIs] regularly amounting to Rs. 4,11,939/-. Thereafter, on 05.08.2024, the Government in Bangladesh was overthrown. The petitioner has further stated that one supplier of the petitioner had
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