Hdfc Bank Limited And ANR v. Kolkata Municipal Corporation And ORS

08.02.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 3571 of 2023 HDFC Bank Ltd. & Anr.

-versus The Kolkata Municipal Corporation & Ors.

Mr. Siddhartha Banerjee, Ms. Soni Ojha, Ms. Sambrita B. Chatterjee, Ms. Sonia Nandy.

...For the Petitioners.

Mr. Biswajit Mukherjee, Mr. Arijit Dey.

...For KMC.

On account of outstanding dues the Kolkata Municipal Corporation put padlock on premises no. 9/2A, Tapsia Road (South) on 9th December, 2022. The outstanding dues have since been cleared by the petitioners and no dues certificate has been issued by the Kolkata Municipal Corporation on 6th February, 2024.

Proposal has been placed before the Corporation for opening the padlock of the subject premises. As it appears that there is no further outstanding dues in respect of the subject premises and the Corporation has already received the due amount on 6th February, 2024 and no dues certificate has been issued by the Corporation, accordingly, the Corporation shall

take steps for removing the padlock of the subject premises latest by 16th February, 2024.

The Corporation shall hand over the actual physical possession of the subject premises to the authorized officer of the Bank in terms of the SARFAESI Act, 2002.

Instruction forwarded by the Assistant Assessor Collector (South), KMC signed on 7th February, 2024 be retained with the records.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)