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Calcutta High CourtWPA/219/2024dismissed

Indu Choubey v. Aditya Birla Housing Finance Limited And ORS

2024-05-16Hon'Ble Justice Gaurang Kanth1 pages

16.05.2024 court no. 28 serial no.185 kaushik WPA 219 of 2024 Indu Choubey Vs.

Aditya Birla Housing Finance Limited & Ors.

Mr. Sukanta Ghosh ... ... for the petitioner The petitioner has already moved the Debt Recovery Tribunal.

The petition is pending.

The present writ petition is bereaved of any merit.

Since the dispute is question relates to the proceedings under SARFESI Act, 2002, the writ petition is not maintainable in view of the judgment of Hon'ble Supreme Court in PHR Invent Educational Society Vs. UCO Bank reported in 2024 SCC Online SC 528.

In view of the aforesaid, the present writ petition is dismissed.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Gaurang Kanth, J.)