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2022 Supreme(Cal) 1604

SABYASACHI BHATTACHARYYA
Guha Roy Food Joint And Hotel Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rupak Ghosh, Ms. Sweta Gandhi Murgai.
For the Respondents: Mr. Anirban Ray, Mr. Suman Sengupta, Mr. Saikat Chatterjee, Mr. Prantik Garai, Mr. Debnath Ghosh, Ms. Ranjabati Ray.

JUDGMENT :

1. The present writ petition has been preferred against an order passed by the Magistrate under Section 14 of the Securitisation and Reconstitution of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the 2002 Act’). The matter has come up before this Court for consideration of the petitioners’ prayer for an ad interim prayer. Learned counsel for the petitioners cites an unreported judgment of the Supreme Court delivered in State Bar Council of Madhya Pradesh Vs. Union of India in Special Leave to Appeal (C) No. 10911/2021, in which the Supreme Court observed that with a view to resolve the problem being faced by the parties, that is, dearth of appointees to the Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs), for the time being and purely as a stop-gap arrangement, the concerned High Courts were requested to entertain matters falling within the jurisdiction of DRTs and DRATs under Article 226 of the Constitution of India till further orders. It was further observed that once the Tribunal(s) is/are constituted, the matters can be relegated to the Tribunal(s) by the High Courts.

2. Learned counsel the

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