TAPABRATA CHAKRABORTY,J. - (1.) The present writ petition has been preferred challenging inter alia an order dated 11th December, 2017 passed by the learned Additional District Magistrate, Murshidabad.
(2.) Mr. Ghosh, learned advocate appearing for the petitioner submits that the respondent no. 5 did not have the jurisdiction to pass the order dated 11th December, 2017. Drawing the attention of this Court to the averments made in paragraphs 23 to 25 of the writ petition he further submits that the provisions of the Bengal Excise Act, 1909 debar the respondent bank from taking physical possession of the secured assets. The said issues were raised before the learned Tribunal by filing an application under Section 17 of the SARFAESI Act, 2002 but without considering the same the learned Tribunal passed the orders dated 18th January, 2018 and 19th April, 2018.
(3.) Such contention of the petitioner has, however, been disputed by the learned advocate appearing for the respondent bank.;