M/S Greenbit Industries Pvt Ltd And ANR v. The State Of West Bengal Service Through The Principal Secretary

22nd February, 2023 (D/L No.28) (SKB) W.P.A. 4087 of 2023 M/s Greenbilt Industries Pvt. Ltd. and another

Versus

State Bank of India and others Mr. Suddhasatva Banerjee, Mr. Rajdeep Mantha, Mr. Ajit Keshari ... for the petitioners.

Mr. Pankaj Kumar Mukherjee ... for the respondent nos.1 to 3.

The affidavit of service is taken on record.

The fact is that the DRT-I is presently not sitting which is an admitted position.

The records before the court contain an order of 20th December, 2022 passed by the Presiding Officer, DRT-I, Kolkata by which the matter is made returnable on 3rd January, 2023.

Learned counsel appearing for the petitioners submits that the matter could not be taken up on and from 3rd January, 2023. It is further submitted that while the matter is kept pending, the next date has been fixed on 10th March, 2023 whereas the Bank is due to take possession of the petitioners' property on 27th February, 2023.

The respondent nos.1 to 3 are represented.

Without going into the merits of the dispute, W.P.A.4087 of 2023 is disposed of with a direction on the Bank/other respondents not to take any steps against the petitioners until the matter is heard out by the DRT-I on the pre-fixed date, which is 10th March, 2023. The protection shall not extend beyond 15th March, 2023.

The Bank shall be at liberty to take all points of demur before the statutory forum. Needless to say, the matter shall be heard by the DRT-I, Kolkata on the date fixed by the Tribunal.

(Moushumi Bhattacharya, J.)