Avanti Realtors Private Ltd And ANR v. Aditya Birla Finance Ltd And ORS

11.03.2022 Ct. No. 13 Sl.7 pk W.P.A No. 3600 of 2022 (Through Video Conference) Avanti Realtors Private Limited and another Vs.

Aditya Birla Finance Limited and others (Through Video Conference) Mr. Surojit Nath Mitra, Mr. S. Nag, Mr. N. Banerjee, Mr. S. Nandy, Mr. A. Singh ... for the Petitioners.

Mr. Amit Kumar Nag, Mr. Abhishek Nag, Mr. Ranjabati Ray ... for the respondent nos. 1 and 2.

The writ petitioners challenge a final order of the Debts Recovery Tribunal in S. A. No. 574 of 2021. The application was filed at the time when the Debts Recovery Tribunal was not functional. Since the Chairperson of the Debts Recovery Tribunal, Kolkata has been appointed, the petitioner shall be at liberty to file appropriate proceedings under Section 18 of the SARFAESI Act, 2002.

In the event such appeal is filed, the same shall be entertained strictly in accordance with the provisions of Section 18 of the SARFAESI Act, 2002 by the Debts Recovery Appellate Tribunal, as expeditiously as possible, preferably within a period of ten days after its filing.

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

(Rajasekhar Mantha, J.)