Kk Importers Private Limited & Ors vs Debt Recovery Tribunal-Iii & Ors
2022 Latest Caselaw 3651 Cal

27.06.2022
sayandeep
Sl. No. 08
Ct. No. 05
                                  WPA 10529 of 2022

                        KK Importers Private Limited & Ors.
                                   -Versus-
                         Debt Recovery Tribunal-III & Ors.


                  Mr.   Sakya Sen
                  Mr.   N. Mishra
                  Mr.   Arindam Chandra
                  Mr.   Atish ghosh
                                                  ...... for the petitioners

                  Ms. Amrita Panja Moulick
                                 ..... for the respondent Nos. 3 & 4

The affidavit-of-service is kept on record.

The petitioner seeks stay of an order dated

16.03.2022 of the District Magistrate, South 24

Parganas which records satisfaction of the District

Magistrate on the affidavit affirmed by the Bank and

authorizes the Bank to take possession of the assets

and documents of the petitioners.

Learned counsel appearing for the petitioners

submits that the petitioners have been constrained to

move the writ Court on account of a continuing cease

work of DRT-III. In any event, counsel relies on a

Judgment of the Supreme Court in Harshad Govardhan

Sondagar vs. International Assets Reconstruction

Company Limited and Ors.; (2014) 6 SCC 1 which held

that a challenge to an order passed by the statutory

authority can be made under Articles 226 and 227 of

the Constitution of India when the order is of a final

nature.

Learned counsel appearing for the State

respondents hand up a written instructions dated 25th

June, 2022 wherein it has been stated that since the

interim application filed by the petitioners against the

16th March, 2022 order is pending before the DRT-III,

the police authorities will not take any steps in the

matter of taking possession of the assets of the

petitioners. The instructions are not very clear; it is

simply stated that the police authorities have not

received any instructions from the financial institution.

It is only the submission of learned counsel appearing

for the State that the police will not take any steps in

terms of the impugned order.

Since the matter is fixed before the DRT-III today,

i.e., 27th June, 2022 and the writ petition has not been

considered on merits, the respondents shall take leave

of the Court before initiating any action against the

petitioners.

List this matter after three weeks.

In the event, the interim application or any other

proceeding is decided by the DRT-III, parties shall be at

liberty of mentioning the matter before this Court.

(Moushumi Bhattacharya, J.)