M/S Rajnandini And ANR v. State Of West Bengal And ORS.

D/L. 16.

November 30, 2023.

MNS.

WPA No. 24011 of 2023 M/s. Rajnandini and another Vs.

State of West Bengal and others Mr. Amitava Ghosh, Mr. Sreekumar Chakraborty ... for the petitioners.

Mr. Amal Kumar Sen, Ms. Sahina Sumi ...for the State.

Mr. Abhishek Banerjee, Ms. Parna Roychowdhury ...for the Bank.

Mr. Sanjay Paul ...for the respondent no. 5

1. Affidavit-of-service filed in Court today be kept on record.

2. Learned counsel for the Bank points out at the outset that the writ petition ought not to be entertained, since the petitioners have challenged proceedings in respect of which the Bank has already been taken measures under Section 13(4) of the Securitization And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

3. There is substance in such contention of learned counsel for the Bank.

4. Accordingly, in view of availability of an equally efficacious alternative remedy, WPA No. 24011 of 2023 is dismissed as not maintainable with liberty to the petitioners to approach with the same cause of action before the appropriate Tribunal.

5. There will be no order as to costs.

6. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)