Petitioner challenged a bank's sale of property under the SARFEASI Act, 2002, citing undisclosed encumbrances. The court held the Debts Recovery Tribunal is the proper forum, dismissed the writ, and reserved liberty to approach the Tribunal.
Writ application dismissed with liberty to approach the Debts Recovery Tribunal.
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01.07.2021. Item no. 32. Court No.13 ap
W.P.A. No. 10769 of 2021 (Through Video Conference)
Shri Abhijit Koner @ Avijit Koner Versus The State of West Bengal & Ors.
Mr. Pratip Mukherjee, Mr. Sumalya Chakraborty, Mr. Omar Faruk Gazi.
…For the petitioner.
Mr. Samrat Sen, Ld. A.A.G., Ms. Jhuma Chakraborty, Md. Hasanuz Zanan.
..For the State.
Mr. Baidurya Ghosal, Md. Hasanuzzaman.
…For the respondent nos.3 to 5.
Affidavit-of-service filed in Court today by the Counsel for the petitioner be taken on record.
The writ petitioner is aggrieved by a sale conducted by the Authorized Officer of the Paschim Banga Gramin Bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short SARFEASI Act, 2002).
Counsel for the petitioner submits that his client had participated in the said auction process and was declared as successful bidder and has put in 10% of the bid amount. He further submits that the property sold appears to be encumbered and such information was not disclosed by the Bank prior to sale.
2
This Court notes that any issue with regard to the sale of property under the SARFEASI Act, 2002 and the Rules framed thereunder must be agitated before the Debts Recovery Tribunal which is the chosen forum under the SARFEASI Act, 2002. In view of the availability of efficacious alternative remedy, this Court is not inclined to interfere with the issues raised in this writ petition.
In view of the above, the instant writ application must fail and is hereby dismissed.
Liberty, however, is reserved to the petitioner to approach the concerned Debts Recovery Tribunal to agitate his grievances, if so advised.
There will be no order as to costs.
All parties are directed to act on a server copy of this order on usual undertakings.
( Rajasekhar Mantha , J.)
1 issue framed by the court
Whether the High Court can entertain a writ challenge against a public auction under the SARFEASI Act, 2002 when an efficacious alternative remedy exists.
1 provisions across 1 enactments
Shri Abhijit Koner @ Avijit Koner
The State of West Bengal
Ors.
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
