Calcutta High CourtM/S. G. R. Multiflex Packaging Pvt. Ltd. ... vs Deutsche Bank Ag & Anr on 16 January, 2020Author:Sabyasachi BhattacharyyaBench:Sabyasachi BhattacharyyaOD-1\n\n                               W.P. No. 591 of 2019\n                        IN THE HIGH COURT AT CALCUTTA\n                           Constitution Writ Jurisdiction\n                                  ORIGINAL SIDE\n\n              M/S. G. R. MULTIFLEX PACKAGING PVT. LTD. & ANR.\n                                  VERSUS\n                          DEUTSCHE BANK AG & ANR.\n\n\n  BEFORE:\n  The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA\n  Date : 16th January, 2020.\n                                                                             Appearance:\n                                                              Mr. Moti Sagar Tiwari, Adv.\n                                                              Mr. Debanshu Modak, Adv.\n                                                                      ...for the petitioners\n\n\n       The Court: Affidavit of service filed in Court today be kept on record.\n\n       Despite service none appeared on behalf of the respondents. The limitedgrievance of the petitioners is that the petitioners took a loan from the\n\nrespondent no. 1-bank and due to subsequent default in repayment of\n\ninstalments, the bank initiated proceeding underSections 13(2)and13(4)of the\n\nSecuritization and Reconstruction of Financial Assets and Enforcement of\n\nSecurity Interest Act, 2002.Learned Counsel appearing for the petitioners submits that the petitioners\n\nalready wrote to the bank, requesting the bank to sell one of the flats out of the\n\nduplex of the petitioners which was mortgaged with the bank in connection with\n\nthe loan, and to ascertain whether the dues of the bank can be met by such sale,\n\nand only thereafter to proceed further with the proceedings under the said Act.It is submitted that the bank, without considering such representation of\n\nthe writ petitioner which would, in any event, cut short the matter even for the2bank and save the petitioner the unnecessary ignominy of being subjected to a\n\nproceeding in due legal course without exploring opportunity of reaching the\n\nfinality in the matter upon consideration of such representation.There appears to be substance of the contention of the petitioners, that,\n\nsince the petitioners want to cut short the entire legal wrangle by conceding to\n\nsale of one of the flats to meet their dues on the loan, the bank ought to have\n\nconsidered such offer prior to proceeding further in usual course to recover the\n\nmoney.In such view of the matter, W.P. No. 591 of 2019 is disposed of by directing\n\nthe respondents to consider the representation of the petitioner, annexed at page\n\n206 (Annexure-P17) to the instant writ petition and, if necessary, to proceed on\n\nthe basis of such representations instead of embroiling the petitioners\n\nunnecessarily into further legal red-tapism.The bank is directed to consider such representation, upon giving hearing\n\nto the petitioner, within a fortnight from the date of communication of this order\n\nto the respondents, and to communicate the decision taken thereon to the\n\npetitioners immediately thereafter. The petitioners are directed to intimate this\n\norder to the bank at the earliest.There will be no order as to costs.Urgent photostat certified copy of this order, if applied for, be supplied to\n\nthe parties, subject to the compliance with all requisite formalities.(SABYASACHI BHATTACHARYYA, J.)\n\n\nS.Bag