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Calcutta High CourtWPA/7981/2026disposed

Yes Bank Limited v. State Of West Bengal And ORS.

2026-06-23Hon'Ble Justice Ravi Krishan Kapur2 pages

19.06.2026 Ct. No. 7 Sl. No. 23 RANJAN WPA 7981 of 2026 YES BANK LIMITED VS.

STATE OF WEST BENAL AND ORS.

Ms. Aradhita Banerjee ....for the M/s. Sanderson & Morgan Mrs. Indrani Chakraboary Mr. Falguni Bandyopadhyay ....for the State By an order dated 19.06.2026, in view of the absence of the Advocate on Record, the State respondent was directed to serve M/s. Sanderson & Morgan. The presence of M/s. Sanderson & Morgan is noted and dispensed with.

This is a writ petition seeking expeditious disposal of an application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

The matter has been heard on repeated occasions i.e. on June 09, 2026, June 17, 2026 and June 19, 2026 respectively.

It is submitted on behalf of the petitioner that the State respondents have ultimately taken possession of the secured asset and handed over the same to the Authorized Officer of the bank. Strangely, despite earlier orders of Court, the authorized officer of the respondent bank namely

one Biswadeep Bhattacharyya had intimated the police officials not to take possession of the secured asset.

In this background, the Officer-in-Charge, Deganga Police Station had filed a Report and informed this Court that they were unable to take possession in view of the non-cooperation and the deliberate steps taken by the authorized officer of the petitioner bank. The casual manner in which these recovery proceedings have been conducted by the bank discloses lack of diligence and seriousness in ensuring possession of the secured asset.

In view of the submissions made on behalf of the Authorized Officer and their Advocates that the bank has finally taken actual physical possession of the secured asset, no further order is required to be passed on this application. WPA 7981 of 2026 stands disposed of. The documents filed on behalf of the petitioner bank be kept with the records. (RAVI KRISHAN KAPUR, J.)