DEBANGSU BASAK, J. - (1.) Petitioners assail a notice under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 issued by the bank.
(2.) Learned Senior counsel for the petitioners submits that the claim of the bank is barred by limitation on the date of issuance of the notice. He relies upon 2017 SCC Online Cal 8742 (Dr. Dipankar Chakraborty vs. Allahabad Bank and Ors.) in support of his contention that once the claim is barred by limitation, provisions of the Act of 2002 cannot be invoked. He submits that Dr. Dipankar Chakraborty (supra) was noted in (2019) 10 SCC 750 (Jignesh Shah and Anr. Vs. Union of India and Anr.) by the Hon'ble Supreme Court of India and their Lordships held that the view expressed in Dr. Dipankar Chakraborty (supra) was correct in law.
(3.) Learned advocate appearing for the bank submits on a query from the court as to whether, there exist any event to bring the claim of the bank within the period of limitation, that his answer is in the negative.;