MERCURY EXPORTERS AND MANUFACTURING P. LTD Vs. PUNJAB NATIONAL BANK
LAWS(CAL)-2014-5-61
HIGH COURT OF CALCUTTA
Decided on May 20,2014

Mercury Exporters And Manufacturing P. Ltd Appellant
VERSUS
PUNJAB NATIONAL BANK Respondents

JUDGEMENT

SANJIB BANERJEE, SUDIP AHLUWALIA, JJ. - (1.) THE appeal is directed against an order of May 6, 2014 by which the writ petition has been dismissed on the ground that the petitioners' remedy under Section 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 would be available at the appropriate stage.
(2.) THE writ petition was directed against a notice dated February 22, 2010 issued by the bank in exercise of its authority under Section 13(4) of the said Act. The bank did not take possession of the secured assets, but by the said notice conveyed its decision of taking possession of the secured assets if the petitioners failed to pay off the dues prior to May 12, 2010.
(3.) THE Single Bench has noticed the judgments reported at AIR 2010 SC 3413 (United Bank of India vs Satyawati Tandon) and (2013) 9 SCC 620 (Standard Chartered Bank vs. V. Noble Kumar) for the width of the authority of the Debts Recovery Tribunal under Section 17 of the said Act. The order has not precluded the petitioners from approaching the tribunal at the appropriate stage to raise all points before it.;


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