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Calcutta High CourtCO/1761/2022disposed

Arif Azimi v. India Bulis Commercial And ORS

2022-07-08Hon'Ble Justice Biswajit Basu2 pages

08.07.2022 (D/L-21) Ct.-18 (Susanta) C.O. 1761 of 2022 Arif Azimi -Vs- India Bulls Commercial Credit Limited & Ors.

Mr. Joy Saha, Sr. Advocate, Mr. Subhasis Sengupta, Mr. Selim Malik, ...... For the Petitioner.

Mr. Avishek Guha, Ms. Akansha Chopra.

....For the opposite party nos. 1 and 2 The petitioner is claiming to be a bona fide tenant of the property attached by the District Magistrate, District. 24-Parganas(South) under the provisions of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002.

To establish his said claim the petitioner has filed an application under Section 17 of the said Act of 2002 before the Debts Recovery TribunalIII, Kolkata under Diary No. 828 of 2022(SA) dated June 15 of 2022.

The grievance of the petitioner is that the learned lawyers are not attending the said Bench of the said Tribunal as a result he is unable to

move the said application even when tried to move it in person.

The petitioner cannot be made to suffer the said situation.

The said Bench of the Tribunal is therefore requested to allow the petitioner to move the said application in person on any date in the next week commencing from July 11, 2022 according to the convenience of the said Bench, subject to the prior notice being given to the opposite party nos. 1 & 2.

In view of the nature of the application it is expected that the Tribunal shall disposed it of as expeditiously as possible.

C.O. 1761 of 2022 is disposed of with the above terms without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance with all requisite formalities.

(Biswajit Basu, J.)