M/S Maity Enterprise And ORS v. State Of West Bengal And ORS.

16.02.2026.

Item No. 23.

Court No. 13 ap M.A.T. 98 of 2026 With I.A. No. CAN 2 of 2026 M/s. Maity Enterprise & Ors.

Versus

The State of West Bengal & Ors.

Mr. Allen Felix, Mr. Aniket Nanda.

...For the appellants.

Mr. Vimal Kumar Shahi, Mr. Anubrata Santra.

...For the State.

Ms. Sreemoyee Mitra.

...For the Canara Bank.

Re: CAN 2 of 2026 1.

CAN 2 of 2026 is an application for recall and setting aside of the order dated 2nd February, 2026 disposing of M.A.T. 98 of 2026. The sole ground for recall of the erroneous recording in the third and fourth lines of paragraph 3 that the borrower's S.A. No. 191 of 2024 was dismissed.

2.

It appears from the records that the said S.A. is still pending for adjudication.

What has been dismissed is the application of the appellants/applicants being I.A. No. 2026 of 2025 and I.A. No. 2594 of 2025 and I.A. No. 2593 of 2025 filed by the applicants.

3.

Having regard to the above, this Court directs deletion of the expression <Section 17 of the Act of 2002 and the same was= in the third line of paragraph 3 on the first page of the order dated 2nd February, 2026. The said deleted expression shall be substituted

with the expression <I.A. No.2026 of 2025, I.A. No. 2594 of 2025 and I.A. No. 2593 of 2025 have been=. 4.

This Court sees no reason to recall the order dated 2nd February, 2026.

5.

It is submitted by the Counsel for the appellants that the appeal filed by the applicants against the order of the Debts Recovery Appellate Tribunal at Kolkata in the aforesaid IAs, being Appeal Diary No. 56 of 2026 along with I.A. No. 49 of 2026 was dismissed on 6th February, 2026.

6.

Let a copy of the said order dated 6th February, 2026 passed by the Debts Recovery Appellate Tribunal at Kolkata file in Court today be taken on record. 7.

In view of the aforesaid, the application being CAN 2 of 2026 shall stand disposed of.

8.

There will be no order as to costs.

9.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.) (Md. Shabbar Rashidi, J.)