Kanupriya Garodia v. Karur Vysya Bank Limited And ORS

ML 100 11.06.2025 Court No.14 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 5227 of 2025 Kanupriya Garodia Vs.

Karur Vysya Bank Limited & Ors.

Mr. Shivam Bhimsaria.

Ms. Akansha Singhania.

...for the Petitioner.

Ms. Aparajita Rao.

Ms. Nabanita Dutta.

... for the respondent Bank.

1. Affidavit-of-service and supplementary affidavit filed by the petitioner in Court today be kept with the records.

2. Learned advocate appearing on behalf of the parties submit, upon instruction that, after filing of the writ petition the Bank has already handed over the original title deed to the petitioner who is the auction purchaser.

3. The copy of the communication of the Bank dated 29th March, 2025 signed by the auction purchaser and the Bank filed in Court today by the learned advocate representing the Bank is retained with the records.

4. The petitioner also seeks a direction upon the Bank for handing over physical possession of the auction property.

5. Learned advocate for the Bank submits that the proceeding under Section 14 of the SARFAESI Act is pending consideration before the District Magistrate. The prayer of the petitioner for

handing over possession at the stage cannot be allowed.

6. As it appears that the proceeding under Section 14 of the SARFAESI Act is pending consideration before the competent authority, accordingly, it will be open for the petitioner to pursue remedy before the competent forum in accordance with law, if so advised.

7. The writ petition stands disposed of.

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

(Amrita Sinha, J.)