Calcutta High Court (Appellete Side)
M/S. Baisakhi Enterprise & Anr vs State Of West Bengal & Ors on 4 January, 2019
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
04.01.2019
Item No.1
ad
W.P No. 24767(W) of 2018
M/s. Baisakhi Enterprise & Anr.
- Versus -
State of West Bengal & Ors.
Mr. Avik Dutta,
Syed Julfikar Ali
... For the petitioners
Ms. Sonal Sinha,
Mr. Anand Farmania
... For the respondent no.2
Mr. Raghunath Chakraborty, Ms. Anjana Sen, Md. Babulal Mollah ... For the respondent nos.3 & 4 The present writ petition has been preferred challenging, inter alia, an order dated 22nd November, 2018 passed by the respondent no.2 in an application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the said Act).
Drawing the attention of this Court to the order impugned dated 16th November, 2018 and the possession notice at page 19 of the writ petition, Mr. Dutta, learned advocate appearing for the petitioners submits that the quantum of the immovable property has been erroneously incorporated in the impugned order.
From the documents, as produced on behalf of the respondent no.2, it appears that the said respondent no.2 had admitted such erroneous 2 incorporation of the quantum of land and has passed an order rectifying such error on 14th December, 2018 upon inserting '4.33 decimal' in place and stead of '5.50 decimal' in the order dated 16th November, 2018. Let the said documents be kept on record.
Mr. Chakraborty, learned advocate appearing for the bank submits that the writ petition is not maintainable since an alternative remedy is available to the petitioners under the provisions of the said Act.
There was an error in the order passed by the respondent no.2 on 16th November, 2018 pertaining to the quantum of land and such error has been rectified during pendency of the writ petition by an order dated 14th December, 2018.
In the said conspectus, the respondents are restrained from taking any coercive steps against the petitioners for a period of six weeks from date and in the meantime the petitioners would be at liberty to avail the remedies as provided under the provisions of the said Act against the measure taken by the bank in terms of Section 13(4) of the said Act.
The writ petition is, accordingly, disposed of. There shall, however, be no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties on compliance of all formalities.
(Tapabrata Chakraborty, J.)