Adarsh Kumar Tiwari And ANR. v. Piramal Finance Limited And ORS.

20.03.2026 Ct. No.07 J.Das

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 6102 of 2026 Adarsh Kumar Tiwari and Anr.

Vs Piramal Finance Limited and Ors.

Mr. Tamoghna Saha Ms. Sucheta Mitra Ms. Preksha Manot ...For the petitioners Ms. Soni Ojha Ms. Sambita B. Chatterjee ...For the respondent no.1, 2 & 3 1.

The grievance of the petitioner is directed against an action which has been initiated under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI).

2.

On behalf of the respondent nos.1, 2 and 3 it is submitted that there is a statutory alternative efficacious remedy and the writ petition is liable to be dismissed on this ground alone.

3.

In view of the settled position of law as laid down in United Bank of India vs. Satyawati Tandon & Ors (2010) 8 SCC 110, General Manager, Sri Siddeshwara Cooperative Bank Ltd and Anr vs.

Ikbal and Ors (2013) 10 SCC 83, Union Bank of India and another vs. Panchanan Subudhi, 2010

(15) SCC 552, Kanaiyalal Lalchand Sachdev and others vs. State of Maharashtra and others 2011

(2) SCC 782, Punjab National Bank vs. O.C.

Krishnan and others (2001) 6 SCC 569, the petitioner has a statutory alternative efficacious remedy and there are no grounds made out to entertain this writ petition. WPA 6102 of 2026 stands dismissed.

4.

Liberty is granted to the petitioner to avail of its statutory alternative remedy in accordance with law. It is clarified that all points are left open to be adjudicated upon by the Tribunal.

(Ravi Krishan Kapur, J.)