Ranjit Kumar Shaw & Ors vs Indiabulls Commercial Credit ...
2023 Latest Caselaw 5387 Cal

21.08.2023 Sl. No.37(DL) srm

C.O. No. 2814 of 2023

Ranjit Kumar Shaw & Ors.

Versus

Indiabulls Commercial Credit Limited & Anr.

Mr. Lal Mohan Hajra, Mr. Somesh Panja, Mrs. Anuradha Hajra, Mrs. Moutusi Hazra ...for the Petitioners.

This revisional application is not maintainable.

The petitioners have challenged a communication made

by the Indiabulls Commercial Credit Limited to the District

Magistrate, Howrah, with a request for taking physical

possession of the property in question pursuant to an order

passed under Section 14 of the SARFAESI Act, 2002. It appears

that the District Magistrate, Howrah, had already issued a

memo on April 18, 2023 directing taking over of physical

possession of the secured asset against the loan account of

Ranjit Kumar Shaw.

Such communication is not revisable before this Court

as Article 227 of the Constitution of India, which deals with

superintending powers of the Court over tribunals and courts

under it. The defects in the communication or defects in the

order passed earlier, are matters to be adjudicated before the

appropriate court.

The petitioners are also at liberty to approach the Debts

Recovery Tribunal-1, Kolkata, for necessary orders in view of

the fact that the petitioners' application challenging the sale

conducted by the financial institution was heard and the

judgment was reserved.

If the petitioners approach the Debts Recovery Tribunal

with any prayer, the same shall be disposed of strictly, in

accordance with law, upon giving all the parties opportunity

to contest the same.

This Court has not entered into the merits of the

application.

The revisional application is, thus, dismissed.

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.)