Authority: High Court of West Bengal
Order Date: Not specified
Case Overview
- Petitioners: Sumaiya Enterprise & Ors.
- Respondents: The State of West Bengal & Ors., including the Bank.
- The writ petition (WPA 15614 of 2026) challenged two auction notices dated May 7, 2026 and June 27, 2026.
- Petitioners asserted that they had paid the outstanding instalments required for the loan.
- The Bank, through its counsel, stated that it had received no instruction or payment from the petitioners.
- Petitioners had already filed a challenge to the Bank’s action under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the relevant Debts Recovery Tribunal.
- The Court observed that, given the pending challenge before the Debts Recovery Tribunal, there was nothing left to be decided on the present writ petition.
Final Outcome
- The Court disposed of WPA 15614 of 2026, stating that “nothing survives to be decided on this writ petition.”
- No order as to costs was made.
- The Court directed that an urgent certified photocopy of the order, if applied for, be supplied as expeditiously as possible.
Topics: Auction Litigation, SARFAESI Act, Banking Regulation