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Calcutta High CourtWPA/139/2016disposed

M/S Pride Cycles Pvt Ltd & ANR v. Regional Manager, Oriental Bank Of Commerce & ORS

2023-05-19Hon'Ble Justice Rajasekhar Mantha2 pages

19-05-2021 ct no. 13 Sl.12 sp WPA 139 of 2016 With CAN 1 of 2023 M/s. Pride Cycles Pvt. Ltd. & Anr.

-VersusRegional Manager, Oriental Bank of Commerce & Ors. Mr. Vikas Baisya, Mr. Aman Agarwal ...for the petitioners Mr. Sailesh Kumar Gupta .... for the respondent no.7 CAN 1 of 2023 1.

Sufficient grounds have been made out explaining the absence of the petitioner's counsel on January 1, 2023. The order dated January 1, 2023 is recalled. Hence, the writ petition is restored to its original file and number.

2.

Accordingly, CAN 1 of 2023 is allowed and disposed of.

WPA 139 of 2016 3.

The petitioner challenges a notice of sale published by the Oriental Bank of Commerce dated 30.03.2015 under the provisions of SARFAESI Act, 2002.

4.

The petitioner has effective alternative remedies under the SARFAESI Act, 2002

before the Debts Recovery Tribunal, Kolkata.

5.

The petitioner may challenge the notice of sale before the above statutory forum in accordance with law.

6.

With the aforesaid observations, the instant writ petition shall stand disposed of.

7.

There shall be no order as to costs.

8.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)