M/S. Maheshwari Multiple Mills ... vs District Magistrate
2023 Latest Caselaw 5353 Cal

21.08.2023 Sl. No.36(DL) srm

C.O. No. 2796 of 2023

M/s. Maheshwari Multiple Mills Pvt. Ltd. & Ors.

Versus

District Magistrate, Purba Burdwan & Anr.

Mr. Joydip Banerjee, Mr. Agniv Sinha, Ms. Rima Halder ...for the Petitioners.

This revisional application has been filed challenging an

order dated June 28, 2023 passed by the learned Presiding

Officer, Debts Recovery Tribunal, Siliguri In-Charge of Debts

Recovery Tribunal-2, Kolkata, in IA/716/2023 and IA/717/2023.

IA/716/2023 and IA/717/2023 arise out of a SARFAESI

proceeding filed under Section 71 the SARFAESI Act, 2002.

The learned tribunal rejected the application on the

ground that the same was not maintainable as the application

was not presented within the time limit prescribed by the

statute. The learned tribunal observed that the limitation of 45

days had to be counted from the date of knowledge of

measures taken by the secured creditor. The order passed by

the ADM, Purba Bardhaman, was well within the knowledge

of both the parties, but the period of limitation was counted

from January 13, 2023 when the RTI application was filed by

the petitioner No.1. Reliance was placed on different

judgments of the Hon'ble Apex Court in this regard.

Thus, the Court finds that the SARFAESI application

which was filed under Section 17 of the SARFAESI Act, 2022

was dismissed in limine on the ground the same not being

maintainable, being barred by law of limitation.

This order, in my opinion, is an appealable order under

Section 18 of the SARFAESI Act. The remedy of the petitioners

is before the learned appellate tribunal.

The revisional application is not entertained and the

same is dismissed.

This order shall not prevent the petitioners from taking

recourse to law, before the appropriate forum.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of this

order.

(Shampa Sarkar, J.)