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2025 DAILYLAW 37774 (CAL)

JAHARLAL MONDAL AND ANR v. UNION OF INDIA AND ORS.

MAT/1380/2025 · 2025-08-27

Debangsu Basak, Md Shabbar Rashidi

body2025

Judgment text

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DL-14 27.08.2025 Court No.26 (AD) MAT 1380 of 2025 With IA No.: CAN 1 of 2025 With IA No.: CAN 2 of 2025 Jaharlal Mondal & Anr. Vs. Union of India & Ors. Mr. Prithwiraj Biswas, Advocate … for the appellants 1. IA No.: CAN 2 of 2025 is an application for condonation of delay in making and filing the appeal. 2. Department reports that, the delay is of 139 days. 3. For the ends of justice, the averments made in the application for condonation of delay are accepted as sufficient. 4. Delay in making and filing the appeal is condoned. 5. IA No.: CAN 2 of 2025 is disposed of. 6. Appeal is directed against an order dated February 24, 2025 passed in WPA 27626 of 2024. 7. By the impugned order, learned Single Judge noticed that, the writ petition arose out of steps taken by the financial institution under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 8. Learned Single Judge also noticed, there was an 2 arbitration proceeding pending. 9. Learned Single Judge allowed the writ petitioners to raise issues before the arbitrator or before any authority empowered under the law. 10. There exists sufficient alternative remedy for the appellants to avail of. 11. In such circumstances, we find no ground to interfere in the present appeal. 12. MAT 1380 of 2025 and IA No.: CAN 1 of 2025 are dismissed without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)