Sk. Abdul Malek v. Punjab National Bank And ORS

07-05-2025 Item No.114 ML Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.2776 of 2025 Sk. Abdul Malek -vsPunjab National Bank & Ors.

Mr. Ranjan Kali Ms. Mitul Chakraborty Ms. Payel Nath Ms. Mohul Nandi ...for the petitioner Mr. Abhishek Banerjee ...for the bank 1.

Upon hearing the respective submissions made on behalf of both the parties, it appears that the bank is not in a position to hand over possession of the secured asset to the auction purchaser because of a restraint order passed by the learned Civil Judge (Junior Division), 1st Court at Barasat in Title Suit No.166 of 2024.

2.

The petitioner has already approached the Debts Recovery Tribunal for remedy.

3.

It will be open for the petitioner to take steps before the Debts Recovery Tribunal and also before the learned civil court where the civil proceeding is pending.

4.

The writ petition stands disposed of.

5.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]