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2023 Supreme(Cal) 1205

PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Kashmiri Begum – Appellant
Versus
State Of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Tilak Mitra, Md. Safiur Rahaman, Mr. Sourav Paul
For the Respondent: Mr. Nilotpal Chatterjee, Mr. Amrit Lal Chatterjee, Ms. Deblina Lahiri, Mr. Mrinmoy Chatterjee

JUDGMENT :

1. By this intra court appeal the appellant (writ petitioner) has challenged the order of the learned Single Judge dated 19th December, 2022 passed in WPA 27227 of 2022 whereby the petition has been disposed of with liberty to the petitioner to approach the DRT.

2. The appellant had approached the writ court claiming herself to be the wife of the borrower and challenging the memo of the bank dated 05.11.2022 relating to the deposit of police cost for the purpose of taking possession in pursuance to the orders which were passed under the SARFAESI Act as against the borrower.

3. Learned Single Judge has considered the legal position and has also taken note of the fact that the cause of action arose much earlier on 18th March, 2019 when the bank had issued notice under Section 13(4) of the SARFAESI Act. Learned Single Judge has also noted the order of the District Magistrate dated 24th August, 2022 under Section 14 of the SARFAESI Act. Considering the said position, learned Single Judge has disposed of the petition with liberty to the petitioner to approach the DRT within a specified time and has also extended the limitation for filing the application under Section 17(1) of th

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