Aditya Birla Finance Limited v. M/S Ghosh Enterprise And ORS

OC-4 AP-COM/992/2024

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISON ADITYA BIRLA FINANCE LIMITED VS M/S GHOSH ENTERPRISE AND ORS

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 9th June, 2025.

Appearance:

Mr. Ranjit Singh, Adv.

Mr. Amar Singh, Adv.

Ms. Tutul Das Singh, Adv.

Mr. Pranit Biswas, Adv.

Mr. Ratul Deb Banerjee, Adv.

. . .for the petitioner.

Mr. Matibur Rahman, Adv.

Mr. Ritabrata Roy Chowdhury, Adv.

. . .for the respondent.

The Court: This application is disposed of in view of the fact that notice under the SARFAESI Act had already been issued by the lender and there is an automatic injunction on the secured assets.

Under such circumstances, further order of injunction is not necessary. In any event, the respondents also submit that they have not dealt with the secured assets. The petitioner is at liberty to proceed for initiation of arbitration. (SHAMPA SARKAR, J.) sp/