JAGADISH CHANDRA ROY AND ANR. v. INDIAN OVERSEAS BANK AND ORS.
WPA/7812/2026 · 2026-04-09
Ravi Krishan Kapur
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7304 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7304 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L.10. April 09, 2026. KAUSHIK
WPA No. 7812 of 2026
Sri Jagadish Chandra Roy & Anr. Vs. Indian Overseas Bank & Ors.
Mr. Debasish Kar Mr. Husen Mustafi Ms. Paromita Mukherjee Ms. Rimi Sil
… for the petitioner
Mr. Sambuddha Dutta Mr. Ritesh Kumar Ganguly
… for the State
Affidavit of Service filed in Court is taken on record. The grievance of the petitioner is directed against action, which has been initiated by the respondent-bank under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) Act. It is submitted on behalf of the petitioner that the petitioner had purchased the premise as far back as in 2023. Thereafter, the petitioner was surprised to learn of a Possession Notice affixed at the premises. It appears that the respondent-bank has initiated action under Section 13(2) of the SARFAESI Act. In view of the submissions made on behalf of the parties and in the light of the statutory alternative efficacious remedy under section 17 of
2 the SARFAESI Act, this Court is not inclined to entertain this writ petition. There are no exceptional circumstances warranting exercise of jurisdiction by the Writ Court. In view of the above, WPA 7812 of 2026 stands dismissed. Liberty is granted to the petitioner to approach the appropriate Debts Recovery Tribunal in accordance with law. It is made clear that there has been no adjudication on the merits of the case and all questions are left open to be decided by the DRT strictly in accordance with law.
(Ravi Krishan Kapur, J.)