The High Court dismissed the writ petition as not maintainable due to absence of the Financial Corporation as necessary parties and directed the petitioner to approach the Debts Recovery Tribunal.
Petition dismissed without costs.
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22.03.2023 sayandeep Sl. No. 14 Ct. No. 05
WPA 1096 of 2023
Smt. Sujata Sharma -Versus-
The State of West Bengal & Ors.
Mr. Indranil Nandi Ms. Gunjan Shah Ms. Shreya Agarwal
…..for the petitioner
According to the submissions of learned counsel appearing for the petitioner, the relief sought for cannot be granted in the absence of the Financial Corporation which is the respondent Nos. 3, 4 and 5 in the writ petition. Even though, learned counsel submits that the main relief sought for is against the order passed by the learned Chief Judicial Magistrate under Section 14 of the SARFAESI Act, 2002, it is evident that the private Financial Institution is a necessary party to the writ petition.
The writ petition is hence not maintainable. In any event, the petitioner’s forum is before The Debts Recovery Tribunal under the SARFAESI Act, 2002 and not the writ Court. The petitioner must hence go before the statutory forum available to the petitioner for appropriate relief.
WPA 1096 of 2023 is accordingly dismissed without any order as to costs.
(Moushumi Bhattacharya, J.)
2 issues framed by the court
Whether the writ petition is maintainable in the absence of the Financial Corporation as a necessary party.
Whether the writ court has jurisdiction or relief must be sought from the Debts Recovery Tribunal under Section 14 of the SARFAESI Act, 2002.
1 provisions across 1 enactments
Smt. Sujata Sharma
The State of West Bengal
Moushumi Bhattacharya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
