Calcutta High Court
Champa Impex Private Limited & Ors vs The Karur Vysya Bank Limited & Anr on 8 November, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
OD-2
ORDER SHEET
WP No. 537 of 2019
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
CHAMPA IMPEX PRIVATE LIMITED & ORS.
Versus
THE KARUR VYSYA BANK LIMITED & ANR.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 8th November, 2019.
Appearance:
Mr. Siddhartha Banerjee, Adv.
Mr. Chayan Gupta, Adv.
Mr. Anujit Mookherjee, Adv.
Mr. Rittick Chowdhury, Adv.
For the petitioners.
Ms. Sweta Gandhi, Adv.
For the respondents.
The Court :- A notice dated August 21, 2019 issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 is under challenge in the present writ petition.
Learned Advocate appearing for the petitioners submits that, the bank, simultaneously, with the service of the notice by post published the notice in newspaper. He submits therefore, such notice should be stayed.
Bank is represented.
Prima facie, there is no material to stay the impugned notice. There is a claim of the bank. The bank is entitled to invoke the provisions of the Act of 2 2002 to recover its claims. Assuming that, the publication was wrongly done prima facie, it does not seem that, the same will be fatal to the notice itself.
Learned Advocate appearing for the bank questions the maintainability of the writ petition. She relies upon 2019 SCC OnLine Cal. 1949 (Mohan Insurance Financial Consultancy Private Limited & Anr.-Versus-HDFC Bank Limited & Ors.) and the authorities cited in such judgment in support of her contentions.
Without prejudice to the point of maintainability, let affidavits be filed.
Let affidavit-in-opposition be filed within two weeks from date. Affidavit-in-Reply thereto, if any, be filed within one week thereafter.
List the writ petition under the heading "For Hearing" three weeks hence.
(DEBANGSU BASAK, J.) snn.