Manik Khan v. Asset Reconstruction Company(India) Limited And ORS
22/12 In the High Court at Calcutta Constitutional Writ Jurisdiction 08/24 266312 Appellate Side NANDY WPA 28846 of 2025 (DISPOSED OF) MANIK KHAN Vs.
ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED & ORS. Mr. Saurabh Guhathakurta, Advocate Mr. Abhratanu Sarkar, Advocate ......for the Petitioner
1. Affidavit of service, as filed, be kept with the record.
2. The petitioner is aggrieved with the mode and manner in which the respondent no. 1 has proceeded to take steps under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the said Act) as well as in conducting the sale, which the petitioner says has been conducted without complying with the Statute and the Rules framed thereunder.
3. The petitioner has fairly admitted that the entire action is under challenge before the Debts Recovery Tribunal by way of two applications filed under the said Act, being SA No. 143 of 2024 and SA No. 269 of 2024 pending before the Debts Recovery Tribunal-I. The petitioner's further grievance is that the said applications have been filed some time in 2024 and have not yet been taken up by the Tribunal for hearing.
4. Since the next date has been fixed on 23.12.2025, the Debts Recovery Tribunal-I is directed to take up both matters and disposed of the same as expeditiously as possible.
5. With the afore-stated directions, WPA 28846 of 2025 is disposed of. No order as to costs.
(Reetobroto Kumar Mitra, J.)
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