Authority: Calcutta High Court (Justice Hiranmay Bhattacharyya)

Order Date: 01 August 2026

Case Overview

  • Parties: Petitioner Tuhin Dey vs. Kotak Mahindra Bank Limited & Anr.
  • The petition, filed under Article 227 of the Constitution, seeks a direction to the Debts Recovery Tribunal‑III, Kolkata, to dispose of a SARFAESI application promptly.
  • On 31 July 2026, the Debts Recovery Appellate Tribunal, Kolkata, transferred the SARFAESI proceeding to the Debts Recovery Tribunal, Siliguri.
  • The petitioner’s counsel, Dyutimoy Paul, argued that no notice to the opposite parties is necessary and that the tribunal should be directed to hear the matter without undue adjournments.

Directions

  • The High Court directs the Debts Recovery Tribunal, Siliguri, to dispose of the SARFAESI application as expeditiously as possible, avoiding unnecessary adjournments.
  • No notice shall be served on the opposite parties; the petitioner’s advocate must forward a copy of this order and the application to the opposite parties or their counsel promptly.
  • No order as to costs shall be made.
  • An urgent photostat certified copy of the order shall be furnished to any party upon compliance with legal formalities.

Final Outcome

  • The civil revisional application is disposed of with the above directions; the SARFAESI proceeding is to be heard and concluded swiftly by the Debts Recovery Tribunal, Siliguri.

Topics: SARFAESI Enforcement, Banking Litigation