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2026 DAILYLAW 37009 (CAL)

DALIYA CHAKRABORTY SINGH AND ANR v. UNION OF INDIA AND ORS

WPA/1868/2026 · 2026-08-31

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22 31.08.2026 sb Ct.9. IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1868 of 2026 Daliya Chakraborty Singh & Anr. Versus The State of West Bengal & Ors. Mr. Deborshi Dhar … For the petitioners. Mr. Milindo Paul Mr. Nabankur Paul Mr. S. Das … For the respondent nos. 3 and 4 1. Challenging the notice issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 (hereinafter referred to as the “said Act”) and the Rules framed there under, the instant writ petition has been filed. 2. Having heard the learned advocates appearing for the respective parties and considering the objection raised by Mr. Paul, learned advocate representing the respondent nos. 3 and 4 that the petitioners had not responded to the notice under Section 13(2) of the said Act and also not availing the alternative remedy available, I am of the view there is no scope to entertain the writ petition. 3. Accordingly the writ petition is disposed of by permitting the petitioners to avail the alternative remedy available under Section 17(2) of the said Act. 2 WPA 1868 of 2024 4. Accordingly, in the event if the petitioners approach the Tribunal, the Tribunal shall hear out and dispose of the appeal on merits. 5. The above order is passed on the under taking given by Mr. Dhar, learned advocate for the petitioners that the affidavit of service shall be filed by tomorrow. (Raja Basu Chowdhury, J.)