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Calcutta High CourtWPA/2529/2026dismissed

Rohit Mantri v. Reserve Bank Of India And ORS.

2026-02-06Hon'Ble Justice Reetobroto Kumar Mitra2 pages

06.02.2026 sdas WPA 2529 of 2026 Rohit Mantri Vs.

The Reserve Bank of India & Ors.

Mr. Safikul Mandal ..... for the petitioner Ms. Soni Ojha Ms. Sambrita B. Chatterjee ..... for the respondents no. 2 to 4

1. Let affidavit of service, as filed in Court, be kept on record.

2. The petitioner is aggrieved with the acts of commission and/or omission of the respondent Bank in initiating an action to take possession pursuant to an order passed on August 8, 2025 under Section 14 of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "said Act"), subsequently modified on November 7, 2025.

3. The said order was put in for execution on December 23, 2025 by the Court Commissioner who had been appointed by the learned Chief Judicial Magistrate of the concerned district.

4. It is this process of taking possession that the petitioner has challenged.

5. The petitioner has an alternative and efficacious remedy which is a statutory mandate under the said Act, to approach the Debts Recovery Tribunal to ventilate his grievance.

6. I am not inclined to entertain this writ petition in view of availability of a statutory remedy which is equally efficacious.

7. The present writ petition is, thus, dismissed.

8. There shall, however, be no order as to costs.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)