The High Court dismissed a civil revision petition filed against an order passed under Section 17 of the SARFAESI Act, holding it not maintainable because a statutory appeal was available under Section 18 of the same Act.
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ML19 September sandip Ct. 19 02.09.2024
In The High Court At Calcutta Civil Revisional Jurisdiction
C.O. No. 1496 of 2024
M/s. Southern Cooling Tower Private Limited & Ors. Vs.
Bank of Baroda & Ors.
Mr. Bapun Behere … For the petitioners.
Mr. Avishek Guha,
Ms. Sonal Agarwal,
Mr. Ankush Majumdar … For the Bank of Baroda.
The order impugned is an order passed under Section
17 of The Securitisation And Reconstruction of Financial assets and Enforcement of Security Interest Act, 2002 as such, open to appeal under Section 18 thereof.
C.O. 1496 of 2024 is therefore dismissed as not maintainable without any order as to costs.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)
1 issue framed by the court
Is the civil revision maintainable against an order under Section 17 of the SARFAESI Act when a statutory appeal lies under Section 18?
2 provisions across 1 enactments
M/s. Southern Cooling Tower Private Limited & Ors.
Bank of Baroda & Ors.
Biswajit Basu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
