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Calcutta High CourtWPA/11315/2026dismissed

M/S S.D. Enterprise And ORS v. Unity Small Finance Bank Ltd And ORS

2026-05-19Hon'Ble Justice Ravi Krishan Kapur2 pages

D/L.06.

May 19, 2026.

KAUSHIK WPA No. 11315 of 2026 S.D. Enterprise & Ors.

Vs.

Unity Small Finance Bank Ltd. & Ors.

Mr. Purnasish Gupta Mr. Jayanta Kumar Mukhopadhyay Ms. Anindita Ghosh ... for the petitioner The grievance of the petitioner is directed against action of the respondent bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI).

The petitioner assails the above proceeding and seeks restraint orders against an order dated 9th April, 2026 passed under section 14 of the SARFAESI Act, 2002.

In view of the statutory alternative efficacious remedy available to the petitioner under Section 17 of the SARFAESI Act, 2002, the writ petition is not liable to be entertained. The petitioner has an adequate statutory alternative remedy. The petitioner also submits that they have also approached the concerned Debts Recovery Tribunal under the SARFAESI Act, 2002.

In view of the above, WPA 11315 of 2026 stands dismissed.

It is made clear that there has been no adjudication on the merits of the case and the Debts Recovery Tribunal is at liberty to adjudicate upon the rival disputes between the parties in accordance with law.

(Ravi Krishan Kapur, J.)