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2014 DIGILAW 283 (GAU)

BINAY KHANDELIA v. PUNJAB NATIONAL BANK

2014-03-10

A.K.GOSWAMI, A.M.SAPRE

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JUDGMENT A.M. Sapre, J. Heard Mrs. P. Chakrabotry, learned counsel for the petitioner and Mr. P.K. Kalita, learned counsel for the respondents. It is brought to our notice that the matter which is subject matter of this petition is also the subject matter of O.A. No.32 of 2013 along with Misc. Application No.71 of 2013 before the Debts Recovery Tribunal at Guwahati between the parties to this writ petition. It is also brought to our notice that the matter is now at a stage of hearing and final arguments are also heard by the Tribunal in the said original application/miscellaneous application. If that be so, then in our opinion there is no point in keeping this matter pending because all the points are already being adjudicated by the Tribunal in a regularly filed application under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In a situation like the one, we are inclined to dispose of this petition without expressing any opinion on the merits and demerits of the controversy and request the Tribunal to ensure expeditious disposal of O.A. No.32 of 2012 along with Miscellaneous Application No.71 of 2012 preferably within a period of three months from today as an outer limit, strictly in accordance with law. Interim order passed on 15.11.2013 of this Court till then may continue. Before parting with the case, we wish to observe that the Tribunal shall not be influenced by our grant of interim order while deciding the rights of the parties on merits and the same shall be decided strictly in accordance with law on the basis of the pleadings and rights of the parties arising in the matter. It is with these observations, this petition stands disposed of. No cost.