M/S. Top Stationers And ORS. v. Suthorised Officer, Smfg India Credit Co. Ltd. And ANR.

06.11.2025.

Ct.No.24.

as WPA 21740 of 2025 M/s. Top Stationers & Ors.

Vs.

The Authorised Officer, SMFG India Credit Co. Ltd. & Anr.

Mr. Jahar Lal Roy, Ms. Kavita Rani.

...for the Petitioners.

Ms. Soni Ojha.

...for the respondent No.1.

Ms. Sabita Roy.

...for the Respondent UOI.

1.

Affidavit of service as filed be kept on record. 2.

The petitioners seek to challenge an order passed by the Debt Recovery Tribunal on August 12, 2025. 3.

The said order is an appealable order under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the said 'SARFAESI Act') which is an equally efficacious remedy, by way of an appeal before the Debt Recovery Appellate Tribunal.

4.

The writ petition fails, as there is an alternative and equally efficacious remedy available to the petitioner to move before the Appellate Tribunal.

5.

The writ petition is dismissed.

6. There shall be no order as to costs.

7.

Since affidavits have not been called for, allegations contained in the petition are deemed to have been denied.

8. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)