Mithu Bhar v. S B Of India And ANR
03.03.2025 Item No.4 PG/KS Ct. No.1 M.A.T. 273 of 2025 With I.A. No. CAN 1 of 2025 Mithu Bhar Vs.
State Bank of India & Anr.
Ms. Nabanita Dutta .....For the Appellant
1. The writ petitioner is the appellant before us. The writ petition was filed challenging a notice issued under Section 13(2) of the SARFAESI Act (for brevity, "the act"). As the act itself provides adequate remedy to any person aggrieved, the learned Single Bench was fully justified in not entertaining the writ petition and disposing of the same leaving it open to the parties to avail all remedies as available in law.
2. Thus, we find not ground to interfere with the impugned order passed by the learned Single Bench.
3. Accordingly, appeal and the connected application (I.A. No. CAN 1 of 2025) are dismissed.
4. No costs.
5. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.
(T.S.SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)