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Calcutta High CourtWPA/5286/2026disposed

Harbour Amc Private Limited v. Bank Of Baroda And ORS.

2026-03-17Hon'Ble Justice Ravi Krishan Kapur2 pages

D/L.50.

March 11, 2026.

KAUSHIK WPA No. 5286 of 2026 Harbour AMC Private Limited Vs.

Bank of Baroda & Ors.

Mr. Supratim Dhar Mr. Aritra Basu Ms. Tanwishree Mukherjee ... for the petitioner Mr. Avishek Guha Ms. Arunima Dutta ... for the respondent no. 5 Mr. Joydeep Banerjee ... for the State Affidavit-of-Service filed in Court is taken on record.

None appears on behalf of State authority nor is any adjournment prayed for on their behalf. Mr. Joydeep Banerjee, Advocate, who usually appears on behalf of State is directed to appear in this matter. The appointment of Mr. Banerjee be regularized by the Legal Remembrancer.

The petitioner is directed to serve a copy of this writ petition to Mr. Banerjee in the course of the day.

The grievance of the petitioner is directed against inaction of the respondent and more particularly the District Magistrate, South 24Parganas in handing over possession of a secured asset notwithstanding a positive order

passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI).

In view of the submissions made on behalf of the parties, the State is directed to take instructions and file a Report as to why there has been inordinate and unexplained delay on the part of the concerned District Magistrate. Let such exercise be completed within seven days from date. It is clarified that the pendency of the proceeding will not prevent the concerned District Magistrate from ensuring compliance with the order passed under Section 14 of the Act of 2002. (Ravi Krishan Kapur, J.)