P.Devasitham v. The Chief Manager / Asst/ General Manager,

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/618/2025 Shri. P. Devasitham Vs.

The Chief Manager/ Asst/ General Manager Mr. K Sabir .... for the petitioner December 18, 2025 [SR] Item No. 4 The secured creditor has taken possession of the immovable property under the provisions of the SARFAESI Act, 2002 and Possession Notice has been issued. Auction Sale Notice for sale of such property was issued which is under challenge in this writ petition.

Admittedly, an Original Application at the instance of the Bank is pending before the Kolkata Debts Recovery Tribunal No. 2.

The petitioner seeks to challenge the action taken by the secured creditor under the provisions of the SARFAESI Act, 2002.

Since an alternative efficacious remedy is available under the SARFAESI Act, this Court is not inclined to entertain this writ petition. Accordingly, the same is dismissed as not entertained.

The petitioner will be at liberty to approach the appropriate forum in accordance with law.

It is made clear that this Court however has not gone into the merits and counter claim in this case.

Parties to act on the server copy of this order downloaded from the official website of this Court.

( Hiranmay Bhattacharyya, J. )