Back
CALCUTTA HIGH COURT
Ravi Krishan Kapur, J
R.S.H.S Impex Private Limited – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioner challenges bank failure to issue sale certificate post-auction, citing statutory breach. (Para 1 , 2 , 3 , 4) |
| 2. respondent argues maintainability of writ petition given existing drt intervention. (Para 5 , 6) |
| 3. writ jurisdiction is inappropriate when effective statutory alternative remedy is available. (Para 7 , 8 , 9) |
| 4. dismissal of petition due to non-exhaustion of drt remedy and pendency of stay orders. (Para 10 , 11 , 12) |
Ravi Krishan Kapur, J.:
1. The grievance of the petitioner is directed against the respondent, State Bank of India in not issuing a Sale Certificate in favour of the petitioner in terms of the Security Interest (Enforcement) Rules, 2002. In the alternative, the petitioner seeks refund of the money paid as sale consideration alongwith interest in respect of an auction sale conducted by the respondent bank.
2. Briefly, the respondent, State Bank of India had initiated an auction sale in respect of a property situated at 19B, Shakespeare Sarani, Kolkata, West Bengal-700071. The auction sale had been necessitated primarily in view of the original borrower, T.M Exports Private Limited, having defaulted in the repayment of loan taken fro
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
