Onkar Misra & ORS v. Uco Bank & ORS

29.09.2020 Item No. 17 Ct. No. 24 PG W.P.A. 6538 of 2020 with I.A. No.: C.A.N. 1 of 2020 (Old No. C.A.N. 5300 of 2020) (Through Video Conference) r Onkar Misra & Ors.

Vs.

UCO Bank & Ors.

Mr. Satrajit Sinha Roy.........for the petitioners Mr. Santosh Kr. Roy.....for the respondents-bank C.A.N. 5300 of 2020 is an application for urgent hearing of the writ petition and is disposed of by taking up the writ petition for consideration. A notice under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is under challenge in this writ petition.

The petitioners have a statutory alternative remedy available.

It is the contention of the petitioners that the claim of the bank is barred by limitation.

Limitation is a mixed question of facts and law. The petitioners having a statutory alternative remedy available where the point of limitation can be better appreciated, I am not minded to interfere any further by way of a writ petition.

W.P.A. 6538 of 2020 is disposed of.

No order as to costs.

(Debangsu Basak, J.)