Guddy Recharge Private Limited And ORS. v. Truhome Housing Finance Limited And ORS.

18/02 In the High Court at Calcutta Constitutional Writ Jurisdiction AD-13/24 Appellate Side 266312 NANDY WPA 29944 of 2025 (DISMISSED) GUDDY RECHARGE PRIVATE LIMITED & ORS.

Vs.

TRUHOME HOUSING FINANCE LIMITED & ORS.

Mr. Mukteswar Maity, Advocate Ms. Manika Sarkar, Advocate ......for the Petitioner Ms. Soni Ojha, Advocate Ms. Sambirta B. Chatterjee, Advocate ......for the State

1. The petitioners are aggrieved that in spite of having paid a substantial sum of money towards liquidation of the loan given by the respondent no. 1, steps have been taken by the respondents under The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter, the said Act). The petitioners and the respondent no. 1 have made efforts to resolve the issues, which were in vain.

2. It is a fact that the petitioners have paid a substantial sum of money towards liquidation of the loan and equally true that the respondent no. 1, a private financial institution is behaving no less than Shylock.

3. However, a private body, even with some public element as this, cannot be brought within the fold of the jurisdiction of Article 226 of the Constitution of India.

4. In addition to the above, the petitioners have a remedy before the Debts Recovery Tribunal, a statutory body, which has been constituted under the afore-stated Act.

5. This being an alternative and efficacious remedy, the petitioners ought to pursue the pending application before the said Tribunal.

6. WPA 29944 of 2025 accordingly dismissed. No order as to costs.

(Reetobroto Kumar Mitra, J.)

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