Syed Murad Mahmood v. State Of West Bengal And ORS.

WEDNESDAY COURT : MB-07 ITEM : AD-16 STAUTS : DISMISSED ID : 266057 AR : NANDY

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 4603 OF 2022 SYED MURAD MAHMOOD VS.

THE STATE BANK OF WEST BENGAL & ORS.

1.

Challenging the action of the secured creditor and recovery of dues under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (The SARFAESI Act), the present writ-petition has been preferred.

2.

Record reveals that a notice under Section 13(4) of the SARFAESI Act was issued. Even in exercise of power under Section 14 of the SARFAESI Act, the concerned District Magistrate has taken possession of the secured asset. 3.

Due to existence of efficacious alternative remedy, this writ-petition cannot be entertained.

4.

In view thereof, WPA 4603 of 2022 is dismissed without any order as to costs.

5.

However, this order of dismissal shall not preclude the petitioner from approaching the appropriate forum to redress his grievances.

(PARTHA SARATHI CHATTERJEE, J.)

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