Biswanathji Oil Mill and ors. Vs. Idbi Bank Limited - Court Judgment

SooperKanoon Citationsooperkanoon.com/1061236
CourtKolkata High Court
Decided OnMar-28-2012
JudgeI. P. MUKERJI
AppellantBiswanathji Oil Mill and ors.
Respondentidbi Bank Limited
Excerpt:
order sheet ga no.259 of 201.with cs no.254 of 2011 in the high court at calcutta ordinary original civil jurisdiction original side biswanathj.oil mill & ors.versus idbi bank limited before: the hon'ble justice i.p.mukerj.date :28. h march, 2012. mr.p.chatterje, sr.advocate mr.arjak dutta, advocate mr.rizu ghosal, advocate ….for petitioners mr.siddherto banerjee, advocate mr.victor dutta, advocate …..for respondent. the court :- very fundamental objections have been taken to my entertaining this application. firs.of all the defendant bank has taken steps against the plaintiff financial under assets 2002(sarfaesi).and under the securitisation enforcement that act of notice and reconstruction security under interest section 13(2) of act, was issued. the objection of the plaintiff has been rejected. furthermore, the defendant bank has filed an application against the plaintiff under the recovery of debts due to banks and financial institution act, 1993. it is submitted on behalf of the plaintiff that they do not have any notice of such proceeding which is disputed by the learned advocate appearing for the bank. furthermore, it is pointed out to me that under section 34 of the sarfaesi this court cannot entertain any dispute arising out of the matters covered under the act. be that as it may, i dispose of this application by giving the plaintiff to take whatever steps available to them under the sarfaesi and in the proceedings instituted before the debts recovery tribunal. i would only like to make one observation that this application was affirmed on 29 september 2011, filed on 31 january 2012 and moved today. for more than six months the bank has not taken any coercive steps against the plaintiff. i would only expect the bank would allow the plaintiff some time, to avail of a proper remedy under the law. all parties are to act on a signed photocopy of this order on the usual undertakings. (i.p.mukerji, j.) gh.
Judgment:

ORDER

SHEET GA NO.259 OF 201.WITH CS No.254 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BISWANATHJ.OIL MILL & ORS.Versus IDBI BANK LIMITED BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :

28. h March, 2012.

Mr.P.Chatterje, Sr.Advocate Mr.Arjak Dutta, Advocate Mr.Rizu Ghosal, Advocate ….for petitioners Mr.Siddherto Banerjee, Advocate Mr.Victor Dutta, Advocate …..for respondent.

The Court :- Very fundamental objections have been taken to my entertaining this application.

FiRs.of all the defendant bank has taken steps against the plaintiff Financial under Assets 2002(Sarfaesi).and Under the Securitisation Enforcement that Act of notice and Reconstruction Security under Interest Section 13(2) of Act, was issued.

The objection of the plaintiff has been rejected.

Furthermore, the defendant bank has filed an application against the plaintiff under the recovery of debts due to banks and Financial Institution Act, 1993.

It is submitted on behalf of the plaintiff that they do not have any notice of such proceeding which is disputed by the learned Advocate appearing for the bank.

Furthermore, it is pointed out to me that under Section 34 of the Sarfaesi this Court cannot entertain any dispute arising out of the matters covered under the Act.

Be that as it may, I dispose of this application by giving the plaintiff to take whatever steps available to them under the Sarfaesi and in the proceedings instituted before the Debts Recovery Tribunal.

I would only like to make one observation that this application was affirmed on 29 September 2011, filed on 31 January 2012 and moved today.

For more than six months the bank has not taken any coercive steps against the plaintiff.

I would only expect the bank would allow the plaintiff some time, to avail of a proper remedy under the law.

All parties are to act on a signed photocopy of this order on the usual undertakings.

(I.P.MUKERJI, J.) GH.