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Calcutta High CourtWPA/11571/2026dismissed

M/S R K D Infrastructure Private Limited v. Union Of India And ORS.

2026-05-22Hon'Ble Justice Ravi Krishan Kapur2 pages

D/L.04.

May 22, 2026.

KAUSHIK WPA No. 11571 of 2026 M/s. R. K. D. Infrastructure Private Limited Vs.

Union of India & Ors.

Mr. Dilip Kumar Samanta Mr. Biswapriya Samanta ... for the petitioner Ms. Parna Roy Chowdhury Ms. Payel Ghosh ... for the respondent/Bank This writ petition is directed against a challenge to an auction sale, which is to be conducted under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI).

On behalf of the respondent, it is submitted that there is an alternative efficacious remedy under Section 17 of the SARFAESI Act, 2002 and the petitioner should avail of the same.

On behalf of the petitioner, it is submitted that upon instructions he wants to make payment of the entire dues and liberal installments be granted.

In view of the submissions made on behalf of the parties and the alternative efficacious statutory remedy available under the SARFAESI Act, 2002, WPA 11571 of 2026 stands dismissed.

Liberty is granted to the petitioner to approach the appropriate Debts Recovery Tribunal and make any offer in accordance with law before the same. It is made clear that there has been no adjudication on the marits of the case.

(Ravi Krishan Kapur, J.)