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

16.06.2023 Court No.13 Item No.45 pk WPA 10861 of 2023 With CAN 1 of 2023 State Bank of India Vs.

State of West Bengal and Ors.

Mr. Pijush Kumar Ray Mr. Soujanya Bandyopadhyay ... For the Petitioner.

Mr. Santanu Kumar Mitra Mr. Amartya Pal .... For the State.

Mr. Ratul Das Mr. Sanwal Tibrewal .... For the respondent Nos.8 to 10.

1.

CAN 1 of 2023 has been filed by the mortgager. Bringing on record certain proceedings before the NCLT in CP/IB/318/2022 it is submitted by counsel for the applicant that there is moratorium operating in respect of the property which is the secured asset and the subject matter of the instant writ petition and the order under section 14 of the SARFESI Act passed by the District Magistrate.

2.

In those circumstances, the order dated 12th June, 2023 as corrected, shall not be given effect to. 3.

Affidavit-in-opposition be filed within two weeks from date. Reply, if any, be filed within one week thereafter.

4.

Liberty to mention.

(Rajasekhar Mantha, J.)