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Judgment
Heard Mr. R. Datta, learned counsel appearing for the petitioner.
This is an unusual application made before us. In view of the Mardia Chemicals Ltd. & Others vs. Union of India & Others, (2004) 4 SCC 311. The lis as brought before us by means of this writ petition has to be dealt in accordance with the process of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short, SARFAESI Act, 2002). Beyond that process hardly there is any scope of judicial review.
This court would have not entertained this application, but Mr. Datta, learned counsel who is appearing for the petitioner has submitted that one interlocutory application has been filed by the petitioner herein, in connection with S.A. No.105 of 2019 before the Debts Recovery Tribunal (DRT) at Guwahati. But for the COVID situation the matter could not be heard.
We are not in a position to ascertain the veracity of that statement but the special situation that has emerged for pandemic is in the public domain.
Be that as it may, issue notice calling upon the respondents to show cause as to why a Rule should not be issued, as prayed for; and/or any other such further order(s) shall not be passed as to this Court may deem fit and proper having regard to the circumstances of the case.
Notice is made returnable on 30.07.2020.
Since, Mr. D. Bhattacharya, learned G.A. appears and waives notice for the respondents No.4, 5, 6 and 7, no formal notice is called for in respect of those respondents.
However, the petitioner shall take steps for service of notice on the respondents No.1, 2 and 3 in the course of the day.
In the meanwhile, no further action in terms of the letter dated 26.06.2020 [Annexure-18 to the writ petition] shall be taken.
However, the respondents No.1, 2 and 3 are given liberty to approach this court if they think there is requirement for modification of this order even before the returnable date.
A copy of this order be supplied to Mr. D. Bhattacharjee, learned G.A. in the course of the day.