Calcutta High Court (Appellete Side)
M/S Mitose Diesel Sales And Service vs Office Of The Learned District ... on 29 August, 2022
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
29.08.2022
sayandeep
Sl. No. 26
Ct. No. 05
WPA 18154 of 2022
M/s Mitose Diesel sales and Service
-Versus-
Office of the Learned District Magistrate, 24-
Parganas(South) & Ors.
Mr. Sakya Sen
Mr. Balaji Chakraborty
.....for the petitioner
Mr. Debasish Ghosh
Mr. Domingo Gomes
......for the State
Mr. Shamit Sanyal
Ms. Mekhola Kanji
.....for the SBI
The petitioner prays for a direction on the
respondent Bank not to give any effect to an order
passed by the District Magistrate on 2nd February, 2021 under Section 14 of the SARFAESI Act, 2002 which was received by the petitioner on 8th June, 2022. The petitioner filed an application before the Debt Recovery Tribunal on 22nd July, 2022 which is part of records. The prayers in the said application indicate that the petitioner approached the DRT against the order of the D.M. dated 2nd February, 2021.
Learned counsel appearing for the petitioner as well as the Bank submit that the property being the subject matter of the order is similar to an application filed by the petitioner before the DRT in April, 2022 in which an order was passed on 13th May, 2022 recording the expectation of the DRT-III that the Bank shall not 2 give effect to the order of the D.M. until further orders. It is also undisputed that the DRT-III has not pronounced any further orders after 13th May, 2022.
Since the DRT-III is presently no functioning, the respondent Bank is directed not to give any effect to the order of D.M. dated 2nd February, 2021 received by the petitioner on 8th June, 2022 until one week after the DRT-III becomes functional or the matter is assigned to any other Bench upon notice to the petitioner. The Bank shall have liberty of taking appropriate steps in the DRT for assignment of the matter to any other Bench in the meantime.
It is made clear that this Court has not gone into the merits of the matter.
The writ petition is disposed of accordingly. The Bank shall also be at liberty for approaching DRAT for appropriate orders.
(Moushumi Bhattacharya, J.)