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Calcutta High Court · body

2025 DAILYLAW 62452 (CAL)

MANASI MAITI AND ANR. v. THE AUTHORISDED OFFICER, CIRCLE OFFICE PURBA MEDINIPUR PUNJAB NATIONAL BANK AND ORS.

WPA/20959/2025 · 2025-11-06

Reetobroto Kumar Mitra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.11.2025 55 sdas WPA 20959 of 2025 Manasi Maiti & Anr. Vs. The Authorised Officer, Circle Office of Purba Medinipore Punjab National Bank & Ors. Mr. Debkumar Maiti …. for the petitioners Mr. Abhishek Banerjee Ms. Parna Roy Choudhury Ms. Trisa Chanda …. for the respondent Bank 1. Let affidavit-of-service filed in Court be kept on record. 2. Petitioner no. 1 is the wife of the borrower, who had taken a loan from the respondent Bank. Petitioner no. 2 is the guarantor of such loan. Petitioner no. 1 alleges that she was unaware that her husband, the borrower, had taken a loan from the Bank upon mortgaging her property for such loan. 3. Petitioners further submits that notice under Section 13(2) of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) (hereinafter referred to as the “said Act”) had already been issued lastly on July 9, 2025. As there is an alternative and efficacious remedy available to the petitioners to approach the Debts Recovery Tribunal, presently I find no 2 reason to interfere and stay the notice of July 9, 2025, under Section 13(4) of the said Act. 4. In view of the aforestated observations, the writ petition fails and is dismissed. 5. Petitioners will be at liberty to approach the Debts Recovery Tribunal upon fulfilling all other criterias including the timeline provided in the said Act. 6. There shall, however, be no order as to costs. 7.Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)