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Judgment
I.A. No.15629 of 2022
The five applicants as detailed in para-3 of the application are seeking their impleadment on behalf of Saroj Kumar Das, Proprietor of the petitioner concern, stated to have died on 05.04.2018 leaving behind no other legal heirs except the five applicants.
Upon notice, learned counsel for the Opposite Parties have no objection to their impleadment.
In view of the above, the I.A. is allowed subject to just exceptions, and the five applicants detailed in para 3 of the application and the schedule are brought on record through Saroj Kumar Das, Proprietor of M/s. Manjurani Enterprisers, since deceased through L.Rs. for the purpose of pursuing the present LIS.
W.P.(C) No.18718 of 2012
At the time of hearing, it is conceded that the prayer made in the present writ petition is for setting aside the Demand Notice dated 06.08.2012 issued under Section 13(2) of the SARFAESI Act, 2002 by the Bank, although an ancillary prayer is made for directing the Insurance Company to release the due amounts on account of the insured hypothecated goods having been lost in fire.
At the time of hearing, it is conceded that a writ petition challenging a simplicitor notice under Section 13(2) is not maintainable in view of the Scheme of the SARFAESI Act, 2002. It is also further stated that the petitioner and the Bank are in the stage of negotiating an amicable settlement.
As regards the claim from the Insurance Company, it is submitted that the dispute was raised before the State Consumer Forum, which is now pending before the National Consumer Forum for which the petitioner has availed his remedy.
In view of the above, the writ petition is hereby disposed of with the liberty to the parties to pursue their available remedies in accordance with law.
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