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2025 DAILYLAW 3493 (CAL)

INDIRA KUNDU BOSE v. AADHAR HOUSING FINANCE LTD AND ANR

CO/3418/2025 · 2026-08-31

Rai Chattopadhyay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.O. 3418 of 2025 Smt. Indira Kundu Bose -vs- Aadhar Housing Finance Limited & anr. 3 1.8.2s026 Sl.no.11 ct.652 Mr. Gourab Mondal …for the petitioner Mr. Sayak Ranjan Ganguly Ms. Srijani Ghosh Ms. S. Hussain Ms. P. Musahib …for the respondent no. 1 & 2. 1. Learned advocate for the petitioner submits that the parties are about the settled dispute. Thereafter, he submits that due to non- availability of the learned conducting advocate, today’s proceeding may be adjourned. 2. An order of the learned Debt Recovery Tribunal (II) dated 1st September, 2025 is challenged in the instant revision. 3. Parties are represented. 4. Mr. Ganguly, learned advocate for the opposite parties has ventilated the point for maintainability as regards this revision on the ground that an order of the Debt Recovery Tribunal (II) is subject to the statutory appeal before the Appellate Tribunal. Hence, there is alternative efficacious remedy available to the petitioner. 5. Having found the submission as above to be substantive enough, and having found that the impugned order of learned Debt Recovery Tribunal (II) ought to have been challenged before the learned Statutory Appellate Tribunal, this revision is disposed of by directing the learned Appellate Tribunal to take up the appeal of the present petitioner as against this 2 impugned order as stated above if so filed and positively within 15 days from the date of its filing. Period of limitation if any, stands condoned till today. 6. With the direction as above, the instant civil revision is disposed of. (Rai Chattopadhyay, J.)