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Calcutta High CourtWPA/3072/2023disposed

Bulbuli Kundu v. Punjab National Bank And ORS

2023-03-14Hon'Ble Justice Moushumi Bhattacharya2 pages

14th March, 2023 (D/L No.24) (SKB) W.P.A. 3072 of 2023 Bulbuli Kundu

Versus

Punjab National Bank and others Mr. Siddhartha Banerjee, Mr. Subrata Saha, Mr. Rakib Hossain, Mr. A. Biswas ... for the petitioner.

Mrs. Parna Roy Chowdhury, Mr. Avishek Chowdhury ... for the Bank.

The affidavit of service is kept on record.

The only relief prayed for by the petitioner is for a direction on the respondent no.1/Bank to consider a representation made by the petitioner to the respondent no.1 on 14th November, 2022.

The petitioner's claim is that the respondent no.1/Bank should extend the facilities granted to the petitioner during the Covid-19 pandemic.

The petitioner, through learned counsel, submits that there are parallel proceedings under the SARFAESI Act, 2002 before the Debts Recovery Tribunal.

The respondent no.1/Bank is represented.

After hearing learned counsel, this court finds that the petitioner is not entitled to any interim relief. That can only be considered by the statutory forum

available to the petitioner under the SARFAESI Act, 2002. At best, the Bank may be directed to consider the representation made with regard to extension of grant of benefits under the circulars issued by the Reserve Bank of India during the Covid-19 pandemic.

W.P.A.3072 of 2023 is disposed of with a direction on the respondent no.1/Bank to consider the representation made by the petitioner on 14th November, 2022 and dispose it of by way of a reasoned order within three weeks from date. The petitioner shall be heard before the reasoned order is passed. A copy of the reasoned order shall be made available to the petitioner within a week from the date of such order.

(Moushumi Bhattacharya, J.)