JUDGEMENT
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(1.) Both the writ petitions have been filed by the same Petitioner in respect of a debt recovery proceeding pending before the Debt Recovery Tribunal at Guwahati.
(2.) In W.P. (C) No. 6779/2002, following is the prayer:
In the premises aforesaid, it is therefore prayed that Your Lordship may be pleased to admit this petition, issue a rule calling upon the Respondents to show cause as to why a Writ of Certiorary shall not be issued for setting aside/quashing the impugned order dated 2.9.02 passed by the Debt Recovery Tribunal, Guwahati in O.A. 37/2000 (Annexure No. XI) and a writ of Mandamus shall not be issued directing/commanding the Debt Recovery Tribunal, Guwahati to stay/keep in abeyance the order/judgment to be passed in O.A. 37/2000 till disposal of the appeal No. 28/2002 pending before the DRAT at Kolkata and after hearing the cause or causes being shown be pleased to make the rule absolute and final and/or to pass such order or other orders as to Your Lordships may deem fit and proper to render complete justice to the Petitioner.
And
Pending hearing of the rule be pleased to stay the further proceeding in case No. O.A. 37/2000 pending before the DRT, Guwahati with a direction to DRT, Guwahati not to pass or prohibit from passing any order/Judgment in case No. O.A. 37/2000 till disposal of the rule and to pass such order or direction to DRT Guwahati to render justice and relief to the Petitioner.
(3.) In W.P. (C) 1793/2003 the prayer made is as follows:
In the premises aforesaid, it is therefore prayed that Your Lordship may be pleased to admit this petition.
1. Call for records of O.A. 37/2000 from the DRT at Guwahati.
2. Call for internal audit reports of all the accounts of Guwahati Cotton Mills (P) Ltd. (P) Ltd. in Punjab National Bank, Zoo road branch upto the end of the year 2000.
3. Call for the records of the insurance claim policy No. 1153020900813/94 in New India Assurance Co. Ltd., A.T. Road Branch in the name of Guwahati Cotton Mill (P) Ltd. and Punjab National Bank, Zoo road Branch
And
Issue rule calling upon the Respondents to show cause as to why writ of mandamus/Certiorari or any other appropriate Writ shall not be issued by the directing the Respondent No. 2 for special auditing of all the accounts in the name of Guwahati Cotton Mill (P) Ltd. in Punjab National Bank, Zoo Road Branch for a period from 1st January 1994 to 31st August 2000 under Section 30(1B) of Banking Regulation Act 1949 as prayed in the petition
And
After hearing the parties and on perusal of the records and the causes being shown be pleased to make the rule absolute and final and/or to pass such order or other Ors. a to Your Lordships may deem fit and proper to render complete justice to the Petitioner
And
Pending hearing of the rule, be pleased to stay the further proceedings of the case No. O.A 37/2000 before the DRT at Guwahati Punjab National Bank v. Guwahati Cotton Mills (P) Ltd. and Ors.;
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