⚖️ CALCUTTA HIGH COURT – SARFAESI WRIT DRILL
🎯 Bench Mindset You Must Expect
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“Why writ when DRT exists?”
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“Show me jurisdictional error in 2 lines”
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“Don’t argue facts here”
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“We are not a recovery forum”
🧑⚖️ ROUND 1: Sharp Entry Barrier
Bench:
“Mr. Counsel, this is a SARFAESI matter. Why should we entertain this under writ?”
✔️ Correct Response (Calcutta style):
“Your Lordships are correct that ordinarily the remedy lies under Section 17 of the SARFAESI Act, 2002.
The present case, however, is confined to a jurisdictional defect, namely that the bank could not have proceeded at all in the given facts.”
👉 No extra words. Stop there.
🧑⚖️ ROUND 2: Immediate Follow-up
Bench:
“What jurisdictional defect? Show us.”
✔️ Response:
“The short point, Your Lordships, is that [insert your strongest ground—e.g., the property is not a secured asset / petitioner is not a borrower / NPA classification is legally unsustainable].”
👉 One sentence only. Don’t expand unless asked.
🧑⚖️ ROUND 3: Bench Cuts Expansion
Bench:
“All this requires factual adjudication. Go to DRT.”
✔️ Response:
“Obliged, Your Lordships. The issue here is not factual adjudication, but whether the authority had jurisdiction to initiate proceedings at all.”
👉 Key phrase: “not factual, but jurisdictional”
🧑⚖️ ROUND 4: Alternate Remedy Pressure
Bench:
“Alternate remedy is available. Why should we interfere?”
✔️ Response:
“Your Lordships are correct. However, it is settled that where the action is without jurisdiction or in violation of principles of natural justice, the bar of alternate remedy does not operate.”
👉 Don’t cite long case law unless asked.
🧑⚖️ ROUND 5: Bench Gets Impatient
Bench:
“Don’t give us propositions. Show us from record.”
✔️ Response:
“Obliged, Your Lordships. At page __ of the petition, the impugned notice would show that [point out defect briefly].”
👉 Always be ready with page reference
🧑⚖️ ROUND 6: Opposing Counsel Jumps In
Opponent:
“My Lords, all this is disputed—completely within DRT’s domain.”
✔️ Response:
“Your Lordships, I am not inviting adjudication on disputed facts. My submission is confined to the legality of the initiation itself.”
👉 Stay in your lane—legality, not facts
🧑⚖️ ROUND 7: Bench Signals Dismissal
Bench:
“We are not inclined to entertain.”
✔️ Immediate Pivot:
“Without prejudice, if Your Lordships are not inclined, the petitioner may be granted liberty to approach the DRT under Section 17, with limited interim protection.”
👉 Don’t argue further—switch instantly
🧑⚖️ ROUND 8: Bench Tests Reasonableness
Bench:
“What protection?”
✔️ Response:
“Only a limited protection, Your Lordships—restraining coercive steps for a short period to enable the petitioner to approach the DRT.”
👉 Keep it modest—Calcutta benches prefer restraint
🧑⚖️ ROUND 9: Bench Checks Delay
Bench:
“Why did you not approach DRT earlier?”
✔️ Response:
“The petitioner approached this Hon’ble Court promptly upon becoming aware of the jurisdictional defect.”
👉 Never say “we thought writ is better”
🧑⚖️ ROUND 10: Final Shot
Bench:
“Give us one reason to interfere.”
✔️ Response:
“Because the very assumption of jurisdiction by the bank is contrary to the statute.”
👉 That’s your strongest closing line
🧠 Calcutta High Court Survival Rules
✔️ 1. Speak Less Than You Think
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If you think 5 sentences → say 2
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If you think 2 → say 1
✔️ 2. Always Carry Page References
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Judges often ask: “Where is it?”
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If you fumble → credibility drops fast
✔️ 3. Don’t Over-Cite
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One principle is enough
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Over-citation irritates the Bench
✔️ 4. Accept, Then Distinguish
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“Your Lordships are correct… however…”
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This tone works very well here
✔️ 5. Exit Smartly
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If Bench is against you → secure protection
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Don’t argue till dismissal
⚠️ Common Mistakes in Calcutta HC
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Long factual narration
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Emotional tone
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Arguing with opposing counsel
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Ignoring alternate remedy issue
✔️ Final One-Line Anchor
“Short point. From the record. Jurisdictional error.”
