13/01 In the High Court at Calcutta

2026 Constitutional Writ Jurisdiction AD-06/24 Appellate Side

266312 NAN DY (DO) WPA 378 of 2026 BABA KAILASHPATI AGRO INDUSTRIES PVT. LTD. & ORS.

Vs.

THE STATE OF WEST BENGAL & ORS.

Mr. Probal Mukherjee, Sr. Advocate Mr. Biswaroop Bhattacharya, Advocate Mr. Ayan Kumar Boral, Advocate Mr. Samrat Mukherjee, Advocate Mr. Debabrata Basu, Advocate …...for the Petitioners Mr. Saptangsu Basu, Sr. Advocate Mr. Abhishek Banerjee, Advocate Ms. Parna Roy Choudhury, Advocate ……for the Bank Mr. Suddhasatva Banerjee, Advocate Mr. Debjit Mukherjee, Advocate ……for the Intervener

1. Affidavit of service, as filed, be kept with the record.

2. The petitioners’ grievance is that the order under Section

14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the said Act), passed by the respondent no. 2, is in violation of the statutory provision as enshrined in the said Act, has to be decided before the appropriate authority.

3. The authority in the present case is the Debts Recovery Tribunal where an application filed by the petitioners under Section 17 of the said Act is pending adjudication.

4. The petition