Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 35982 (CAL)

ABHYUDAY PERIWAL v. CHOLAMANDALAM INVESTMENT AND FINANCE LIMITED AND ORS

CO/2797/2026 · 2026-08-24

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. 6 (265719) 24.08.2026 (AD 23) (S. Banerjee) CO 2797 of 2026 Abhyuday Periwal Vs. Cholamandalam Investment and Finance Limited & Ors. Mr. Pranit Bag Mr. rahul Poddar Mr. Souvik Banerjee …for the petitioner Mr. Bag, learned advocate appearing for the petitioner submits that challenging the measures taken by the financial institution under Section 13(4) of the SARFAESI Act, 2002, petitioner filed an application under Section 17 of the 2002 Act which was registered as SA 731 of 2023. Challenging the auction sale notice the petitioner filed an interlocutory application being IA 1791 of 2026 which is still pending. He submits that during the pendency of IA 1791 of 2026 the auction sale has already been conducted and thereafter the petitioner filed an application for impleading the auction purchaser as a party-respondent in the SARFAESI Act. Such application for impleadment of the auction purchaser has been allowed. The primary grievance of the petitioner in this civil revision application is that the application being IA 1791 of 2026 is kept pending since July 9, 2026. 2 Learned advocate appearing for the petitioner submits that such application is otherwise ready for hearing. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with a server copy of this order, upon the opposite parties or upon the learned advocate representing them before the learned Debts Recovery Tribunal forthwith. In the light of the submission made by the learned advocate appearing for the petitioner this civil revision application stands disposed of by requesting the Presiding Officer, DRT II, Kolkata to take up the hearing of the interlucotory application being IA 1791 of 2026 on the next date of hearing, i.e., on September 14, 2026, if the same is otherwise ready for hearing, and make an endeavour to dispose of the same as expeditiously as possible, preferably within a period of twelve weeks from the next date fixed, without granting any unnecessary adjournment to either of the parties. (Hiranmay Bhattacharyya, J.)