SABYASACHI BHATTACHARYYA, J. - (1.) The instant application under Article 227 of the Constitution of India arises against an order passed by the Kolkata Debts Recovery Tribunal - I. The application has been entertained in view of lack of availability of the regular appellate forum. It is submitted on behalf of the petitioners that the appellate tribunal would not be sitting prior to the end of the oncoming Puja vacation and as such, in consonance with the principle of ubi jus ibi remedium, the instant application has been entertained.
(2.) By the impugned order dated April 18, 2019, the tribunal allowed an objection of the respondent as to the present petitioners having erroneously filed a single application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the SARFAESI Act"), thereby clubbing challenges to three different notices, to save court fee. Upon upholding such objection, the tribunal disposed of the said application of the petitioners with a direction to file fresh SARFAESI application.
(3.) The question which falls for consideration in the instant revisional application is, whether separate notices under Section 13(4) of the SARFAESI Act, pertaining to different secured assets for a single debt, can be challenged in a single application under Section 17 of the said Act.;