SATYA MEGHA INDUSTRIES (M/S) AND ANR. Vs. PUNJAB NATIONAL BANK AND ORS.
LAWS(GAU)-2018-1-112
HIGH COURT OF GAUHATI
Decided on January 24,2018

Satya Megha Industries (M/S) And Anr. Appellant
VERSUS
Punjab National Bank and Ors. Respondents

JUDGEMENT

A.K.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;;


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