Smt Indira Das And ANR v. Punjab National Bank And ORS

26.07.2021 Item no.27 Aloke Through Video Conference Ct. no.8 W.P.A 11694 of 2021 Smt. Indira Das & Anr.

Versus

Punjab National Bank & Ors.

Mr. Prantick Ghosh, Advocate Mr. Saurav Guha, Advocate ... for the petitioners Mr. Abhishek Banerjee, Advocate Ms. Parna Roy Chowdhury, Advocate ... for the respondent nos. 1-4 A proclamation of sale is under challenge in the present writ petition.

The bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in respect of an immovable property over which the petitioner claims title. The bank sold such immovable property as its secured asset. The bank issued a proclamation of sale dated June 14, 2021. Learned Advocate appearing for the petitioners submits that the petitioner seeks time to pay the dues of the secured creditor.

A writ Court need not interfere in such facts inasmuch as there is statutory alternative remedy available to the petitioners under the Act of 2002. Be that as it may, petitioners are at liberty to exercise their right of redemption

of mortgage, if they have any, in accordance with law before the appropriate forum.

W.P.A 11694 of 2021 is disposed of accordingly. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all legal formalities.

(Debangsu Basak, J.)