WPA/27464/2022 of PRADIP NAYEK Vs UNION OF INDIA AND ORS. on 29 December 2022

Conclusion

29.12.2022 item no.2 s.b ct. no. 7

WPA 27464 of 2022

Pradip Nayek-Vs-

Union of India & ors.

Mr. Kalyan Kr. Chakraborty

Mr. Ashok Halder …for the Petitioner

Mr. Debasish SahaMr. Shiv Mongal SinghMs. Jahan Ara KulsumMs. Afrin AhmedMs. Moriam Senpui …for the respondent The writ petition has been instituted challenging theproceedings initiated by the Bank authorities in terms ofthe relevant provisions of the SARFAESI Act, 2002questioning the notice issued by the respondentauthorities against the petitioner.

It appears that the petitioner preferred another writpetition being WPA 18950 of 2022 and the same wasdisposed of on 2[nd] September, 2022 by passing an orderby a co-ordinate Bench wherein the co-ordinate Bench hasgranted liberty to the petitioner for taking appropriatesteps before the DRT for getting application heardexpeditiously. It was further directed by the co-ordinateBench that consideration of the application of thepetitioner pending before the DRT to be done by 5[th]September, 2022 and respondent Bank was restrainedfrom giving effect to the impugned notices till 9[th]September, 2022.

Today, at the time of hearing of the present writpetition, it has been submitted by the learned advocaterepresenting the parties that the matter was heard on 23[rd]December, 2022 and the next date has been fixed beforethe DRT for further consideration on 6[th] January, 2023.

In consideration of the previous order passed by theco-ordinate Bench on 2[nd] September, 2022 and in order toprotect the interest of the petitioner till the applicationpending before the DRT, is further considered, this courtfinds it appropriate to direct the respondent bank not togive any further effect to the impugned notices till 13[th]January, 2023. Such order is passed, keeping in view theorder passed by the co-ordinate Bench dated 2[nd]September, 2022 in the writ petition being WPA 18950 of2022 and in view of the pendency of the application beforethe DRT.

However, it is made clear that this court has notgone into the merits of the issue which is pending beforethe DRT for adjudication.

With the above direction, this writ petition standsdisposed of.

Urgent photostat certitied copy of this order, dulyapplied for, be given to the parties upon compliance of allrequisite formalities.

(Saugata Bhattacharyya, J.)