MC 2701/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR J CHELAMESWAR HON’BLE MR JUSTICE HRISHIKESH ROY The Misc Case is filed challenging the notice issued by the Assam Co-operative A pex Bank Ltd under Sec 15(1)(a) of the Securitisation and Reconstruction of Fina ncial Assets and Enforcement of Security Interest Act, 2002 by which the managem ent of the applicant’s tea estate is taken over by the respondent Bank in exerci se of the powers under the above mentioned Act. In our opinion the said action o f the Bank constitutes a wholly independent and complete cause of action and can not be called as a proceeding incidental to the proceeding which is the subject matter of challenge in WA No.298/09. In the circumstances the present Misc Case is wholly misconceived and th e same is, therefore, dismissed.