Mintu Mondal v. Punjab National Bank And ANR

ORDER SHEET W.P.O. No. 413 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE Mintu Mondal.

Versus

Punjab National Bank & Anr.

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 27th January, 2022.

Mr. Bhaskar Ghosh, Adv.

... for petitioner The writ petitioner is aggrieved by the notice dated 16th September, 2021 issued under Section 13(4) of the SARFAESI Act by Punjab National Bank on various grounds.

The petitioner has already challenged the said notice in S.A. No.202 of 2021 before the Debts Recovery Tribunal at Kolkata. The writ petition has been filed since the said DRT-I is not functional for absence of Presiding Officer.

Learned Counsel for the petitioner is unable to indicate before this Court as to which DRT has been assigned matters of the DRT-I at Kolkata. In that view of the matter, the Presiding Officer of Debt Recovery Tribunal II, Kolkata is directed to decide any prayer for interim relief that may be made by the petitioner under the aforesaid S.A. No. 202 of 2021, if made within a period of 15 days from date.

The said Presiding Officer, Debt Recovery Tribunal II, shall also be at liberty to dispose of the said S.A. No. 202 of 2021 if it so deems fit at the time of consideration of the prayer of aforesaid relief. The records of S.A. No. 202 of 2021 shall be transmitted by the Registrar, Debt Recovery Tribunal I, Kolkata to Debt Recovery Tribunal II, Kolkata.

The writ petition is disposed of.

(RAJASEKHAR MANTHA, J.) K. Banerjee A.Rs. [C.R.]