Navin Kumar Gupta vs The Debt Recovery Tribunal-Iii & ...
2022 Latest Caselaw 3666 Cal

27.06.2022
sayandeep
Sl. No. 09
Ct. No. 05
                                    WPA 10531 of 2022

                                 Navin Kumar Gupta
                                      -Versus-
                            The Debt Recovery Tribunal-III & Ors.


                   Mr. Anupam Das Adhikari
                   Ms. Sumana Biswas
                                                   ...... for the petitioner
                   Mr. Jayanta Banerjee
                   Ms. Sangeeta Roy
                                                         ..... for the State


                   The affidavit-of-service is kept on record.

                   The immediate cause of action arises from an

             order passed by the District Magistrate, South 24

             Parganas      on    18th   March,    2022   authorizing     the

             possession     of   the    assets   and   documents    of   the

             petitioner.

                   Admittedly, the petitioner's application for relief in

             relation to this order has been made reserved for

             Judgment in May, 2022.          It is also admitted that the

             DRT-III is presently not functioning in view of a

             continuing cease work.          The petitioner hence seeks

             relief from the writ Court pending decision in the

             application.

                   The State is represented.

                   Having regard to the continuing non-functioning

             of DRT-III and the right of a litigant to approach the writ

             Court in cases where there may not be an adequate
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alternative remedy available to the litigant, this Court is

of the view that the respondents should be restrained

from taking any steps in terms of the impugned order

till two weeks after the DRT-III decides the application

or two weeks from recalling of the resolution made by

the bar, whichever is earlier.

(Moushumi Bhattacharya, J.)