M/S MAHATO SOFT DRINKS AND ORS v. INDIAN BANK AND ORS
WPA/5775/2026 · 2026-03-17
Ravi Krishan Kapur
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8872 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8872 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
17.03.2026 Ct. No. 7 Sl. No. 13 RANJAN WPA 5775 of 2026
M/S. MAHATO SOFT DRINKS AND ORS. VS.
INDIAN BANK AND ORS.
Mr. Tarun Jyoti Tewari Ms. Kousiki Bose Mr. Dipankar Bhakta
….for the Petitioners
Ms. Amrita Pandey Ms. Sangita Mitra Mr. Ghanshyam Pandey Ms. Sayanwita Auddya
….for the Respondents
The grievance of the petitioner is directed against the arbitrary and illegal action of the respondent bank. It is an admitted position that proceedings are pending before the Debt Recovery Tribunal which have been initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short SARFAESI Act) and the matter is returnable on March 20, 2026. In the meantime, the petitioner is aggrieved by the unilateral action of the respondent bank in taking unlawful possession of the suit premises. It is an admitted fact that the petitioner is a defaulter and the initial loan amount was approximately Rs. 1,00,00,000/- remains unpaid.
2 In view of the statutory alternative remedy available to the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short SARFAESI Act), WPA 5775 of 2026 stands dismissed on the ground that the petitioner has a statutory alternative efficacious remedy under the Act. Liberty is granted to the petitioner to agitate all points before the Debt Recovery Tribunal in accordance with law.
(RAVI KRISHAN KAPUR, J.)