Dhanlaxmi Bank Limited And ANR. v. State Of West Bengal And ORS.
D/L 12 09.07.2025 Bpg.
ct.no.35 W.P.A.11162 of 2025 Dhanlaxmi Bank Limited & Anr.
Versus
The State of West Bengal & Ors.
Mr. Ayan Bhattacherjee Ms. S. Laha.
...for the petitioners.
Mr. Suman Sengupta Mr. Sambuddha Dutta.
...for the State-respondents.
Affidavit-of-service filed by the petitioners be kept with the record.
Petitioners complain that after possession of the following property being "All that the piece and parcel of land and building measuring an area of about 3 Cottahs 3 chittacks 40 sq.ft. comprised in J.L. No.32 Touzino, 268 R.S. N.70 R.S. Dag No.493 R.S. Khatian No.104 Mouza- Subudhipur, Police Station Baruipur, District South 24 Parganas" was taken by the petitioners/bank with the aid and assistance of the police authorities, subsequently, the guarantors of the loan have trespassed and occupied the property. To that effect, representations have been repeatedly made with the police authorities including the Superintendent of Police, Baruipur Police District.
The Superintendent of Police, Baruipur Police District through his designated Officer would conduct an enquiry as to whether the persons who are in possession of the property are guarantors in respect of the loan for which the bank authorities exercised their powers under the SARFAESI Act. In case the persons who are found to be in possession are guarantors, the bank authorities would exercise their powers under the SARFAESI Act. If police assistance subsequently is required, a fresh application to that extent would be made before the police authorities adhering to the provisions of the SARFAESI Act.
With the aforesaid observations, WPA 11162 of 2025 is disposed of.
There will be no order as to costs.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Tirthankar Ghosh, J.)