SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Cal) 91

SABYASACHI BHATTACHARYYA
KRISHNA BUILDERS AND DEVELOPERS – Appellant
Versus
SHRIRAM HOUSING FINANCE LIMITED – Respondent


Advocates:
Advocate Appeared:
Siddartha Banerjee, Adv., Debashis Karmakar, Adv., Arya Nandi, Adv., Anirban Ray, Adv., Aasif Hossain, Adv., Sayak Ranjan Ganguly, Adv., Pooja Sett, Adv., Tarique Quasimuddin, Adv., Sanchita Chaudhuri, Adv., Abbas Ibrahim Khan, Adv.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The present petitioner no. 1 is a partnership firm/borrower and petitioner no. 2 is a partner of the said firm. The opposite party no. 1 is a financer/creditor. The petitioner no. 1-firm took a loan from the opposite party no. 1. Subsequently upon the petitioner no. 1 having failed to repay such loan, the opposite party no. 1 issued a demand notice dated August 23, 2017 under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the SARFAESI Act"). The said notice was followed up by a notice of possession under Section 13(4) on November 4, 2017.

2. Being thus aggrieved by the said notices, the borrower preferred before the Debts Recovery Tribunal-III at Kolkata an application under Section 17 of the SARFAESI Act, giving rise to S.A. No. 467 of 2017.

3. During pendency of the aforesaid proceeding under Section 17, the District Magistrate, South 24 Parganas passed an order under Section 14 of the SARFAESI Act on June 18, 2018, thereby authorizing one Arshad Jamal Hasmi, WBCS (EXE) to take possession of the assets and documents of the borrower and to





















































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top