Chandra Sekhar Roy & ANR v. Aroti Boral & ORS

04.11.2022 SL No.20 Court No.8 (gc) FMA 3365 of 2015 Chandra Sekhar Roy & Anr.

Vs.

Aroti Boral & Ors.

The appellants are not represented nor any accommodation is prayed for on behalf of the appellants. The appellants were also not represented on the previous occasion.

In terms of our earlier order, we take up this appeal for consideration. The appeal is arising out of an order dated 17th April, 2015 by which the learned Trial Court refused to extend the interim order after noticing the suit may not be maintainable as the bank has proceeded under the SARFAESI Act.

We do not find any reason to interfere with the said order as the suit prima facie appears to be barred under the law.

Accordingly, the appeal being FMA 3365 of 2015 stands dismissed.

However, there shall be no order as to costs. (Uday Kumar, J.) (Soumen Sen, J.)