Aditya Birla Finance Limited vs Williamson Financial Services Limited ...
2026 Latest Caselaw 3603 Cal/2

Calcutta High Court

Aditya Birla Finance Limited vs Williamson Financial Services Limited ... on 4 May, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OC-2

                          IN THE HIGH COURT AT CALCUTTA
                              (COMMERCIAL DIVISION)
                                  ORIGINAL SIDE

                            IA NO.GA-COM/39/2026
                                      In
                               CS-COM/427/2024

                     ADITYA BIRLA FINANCE LIMITED
                                  VS
            WILLIAMSON FINANCIAL SERVICES LIMITED AND ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date : 4th May, 2026

Appearance:

Mr. Sakya Sen, Sr. Adv.

Mr. Rohit Das, Adv.(VC) Mr. Dwaipayan Basu Mallick, Adv.

Mr. Abhishek Kisku, Adv.

Mr. Pranshu Paul, Adv.

Mr. Shivam Jha, Adv.

Mr. A. Palit, Adv.

For the plaintiff Mr. Jishnu Chowdhury, Sr. Adv.(VC) Mr. Ritoban Sarkar, Adv.

Ms. Mini Agarwal, Adv.

For defendant nos. 1, 2, 4, 5, 9 & 14.

Mr. Mainak Bose, Sr. Adv.

Mr. Prithish Chandra, Adv.

For defendant nos.7 & 8. .

Mr. Soumabho Ghose,Adv.(VC) Ms. Tiana Bhattacharyya, Adv.

For defendant no.3 Mr. Sanjiv Kr. Trivedi, Adv.

Mr. Sanket Sarawgi, Adv.

.. . for defendant nos.23 & 26.

The Court : This is an application by the defendant nos.7 and 8. It is the

case of the said defendants that pursuant to the settlement between the principal

borrower (defendant no.1) and the plaintiff which has culminated into a decree

the said defendants are discharged of their liabilities under the provision of

Section 135 of the Indian Contract Act, 1872. Despite such fact the plaintiff

being a non-banking financial company (in short 'NBFC') has put on sale certain

immovable properties said to be owned by the defendant nos.7 and 8 by issuing a

notice dated 9th January, 2026 in connection therewith. The defendant nos.7 and

8 have already approached the concerned Debts Recovery Tribunal under the

provisions of Section 17 of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002 (in short 'SARFAESI'). In

this application they are seeking more relief(s) which according to the said

defendants are not available before the Tribunal or is outside the scope of Section

17 of the SARFAESI Act.

This submission is vehemently opposed by the plaintiff, defendant no.1

and defendant no.3. It is submitted by the plaintiff that this application is not

maintainable in view of the defendant nos.7 and 8 having approached the

Tribunal and even otherwise. The defendant nos.1 and 3 also raise same

objection in the line of that of the plaintiff.

Subject to the maintainability point being kept open, directions for filing of

affidavits are given.

Let affidavit-in-opposition be filed by 12th June, 2026; reply thereto, if any,

be filed by 26th June, 2026. Matter to appear in the monthly list of July, 2026.

It is made clear that observation, if any, made in this order shall not stand

in the way of the Tribunal in deciding the application under Section 17 of the

SARFAESI Act, independently.

(ARINDAM MUKHERJEE, J.)

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