Bank Of Baroda v. State Of West Bengal And ORS.

M/L 128 11.06.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 7520 of 2025 BANK OF BARODA Vs.

The State of West Bengal & Ors.

Mr. Sankar Biswas Mr. Swastik Saha ...for the Petitioner.

Mr. Arghadip Das ...for the Respondent nos. 6 &7.

Mr. Gaurav Das Ms. Susmita Chatterjee ...for the State.

1. Affidavit of service filed in Court today is taken on record.

2. Report filed by the Deputy Commissioner of Police, Detective Department, Bidhannagar Police Commissionerate is taken on record.

3. The petitioner prays for implementation of the order passed by the District Magistrate, North 24 Parganas in January, 2024 under Section 14 of the SARFAESI Act.

4. It appears from the document annexed to the writ petition that vide order dated 17th January, 2025 the learned Debts Recovery Tribunal-3 Kolkata in S.A./91/2024 directed the bank not to execute the order as the same lost its force due to lapse of time. The learned Tribunal, however, granted liberty to the bank to move the District Magistrate for extension of the order for the purpose of execution.

5. The bank thereafter applied before the District Magistrate for extension of time in January, 2025. As no

steps have been taken by the District Magistrate, the instant writ petition has been filed.

6. Learned advocate representing the State respondents submits that the order passed by the learned Tribunal on 17th January, 2025 stood extended till 13th May, 2025.

7. As it appears that the bank has already approached the District Magistrate in terms of the liberty granted by the learned Tribunal, as such, the District Magistrate ought to consider the prayer of the bank for extension of time for implementing the order passed under Section 14 of the SARFAESI Act.

8. The District Magistrate is, accordingly, directed to take a decision on the application made by the bank seeking extension of time for implementing the order under Section 14 of the SARFAESI Act in accordance with law at the earliest but positively within a period of thirty days from the date of communication of this order.

9. A reasoned order shall be passed and communicated to the petitioner immediately thereafter.

10. The writ petition stands disposed of.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)