Indian Overseas Bank And ANR. v. State Of West Bengal And ORS.

Court No. 9 (265711) WPA 8749 of 2024 Indian Overseas Bank & Anr.

12.09.2024 Vs.

State Bank of India & Ors.

(A 263) (S. Banerjee) Mr. Rahul Sarkar Ms. Dipika Sarkar ...for the petitioners Mr. Ayan Banerjee Mr. Amrita lal Chatterjee ...for the respondents The prayer of the petitioners is innocuous and no mandatory direction, which will adversely affect the parties, is passed.

The bank has approached this court for a direction upon the concerned District Magistrate to take steps on the basis of the application filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act', for short). It is submitted that the said application is pending since long. Without going into the merits, the writ petition is disposed of with a direction upon the District Magistrate concerned to dispose of the application under Section 14 of the SARFAESI Act filed by the bank, within a period of two months from the date of communication of this order, if not already disposed

of, upon ensuring that the application by the bank satisfies the legal requirements.

Accordingly, the writ petition is disposed of. Parties are to act on the basis of the server copy of this order.

This order will not preclude any of the parties, aggrieved by the order that may be passed by the concerned District Magistrate, from taking any steps in accordance with law.

(Shampa Sarkar, J.)