Mrs Pramila Biswas And ORS v. Axis Bank Ltd And ORS

Ct. 05 Item No.09 05.09.2022 (suvendu) WPA 17544 of 2022 Mrs. Pramila Biswas & Ors.

Vs.

Axis Bank Limited & Ors.

Mr. Bijoy Brata De .......for the petitioners Ms. Soni Ojha Ms. Sambrita B. Chatterjee ..........for the respondent nos. 1 to 4 The petitioners seek stay against a Possession Notice dated 08.03.2022 by which physical possession was also taken by the Bank on that date. This is the submission made on behalf of the petitioners.

The grievance, however, appears to be that possession has been taken of a property of a minor.

Since the present writ petition is under the SARFAESI Act, 2002 and the petitioners have not approached the statutory forum under the 2002 Act, the writ court is powerless to grant any relief.

WPA 17544 of 2022 is accordingly dismissed without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Moushumi Bhattacharya, J.)