Calcutta High CourtWPA/12295/2021dismissed

Susanta Das v. State Of West Bengal And ORS.

2021-08-12Hon'Ble Justice Rajasekhar Mantha2 pages

12-08-2021 ct no. 13 Sl.83 sp WPA 12295 of 2021 Susanta Das -VersusState Bank of India & Ors.

(Via Video Conference) Mr. Jaydip Banerjee, Mr. A. Sinha, Md. Baharuzzaman ...for the petitioner Mrs. Deblina Mitra ...for the Bank Counsel for the writ petitioner submits that, since after filing of the writ petition, notice under Section 13(4) of the SARFAESI Act, 2002 has been issued against his client.

Since the petitioner has a comprehensive remedy before the Debts Recovery Tribunal under Section 17 of said Act of 2002, the writ petition cannot be entertained.

Reserving liberty to the writ petitioner to approach the Debts Recovery Tribunal, the writ petition is dismissed.

It is made clear that this Court has not, in any way, entered into the contentions of the petitioner against the bank.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)