Calcutta High Court (Appellete Side)
Pg (M/S. Panskura Cold Storage Private ... vs The Authorised Officer on 18 June, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
1
59 18.06.2014 W.P.16862(W) of 2014
pg (M/s. Panskura Cold Storage Private Limited vs.
The Authorised Officer, State Bank of India,
Midnapur Branch & Ors.)
Mr. Sanjay Mukherjee.......for the petitioner
The respondent bank has initiated action
under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the 'Act') for the admitted failure of the petitioner to pay off its dues. Section 17 of the Act provides a remedy to an aggrieved borrower.
Having regard to the decision of the Supreme Court in United Bank of India vs. Satyawati Tondon, reported in AIR 2010 SC 3413, I am not inclined to entertain the writ petition. The same stands dismissed without any order as to costs.
However, the petitioner shall be at liberty to pursue its remedy before the tribunal in accordance with law.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.) 2 3