Uco Bank And ANR v. State Of West Bengal And ORS.

16.11.2022.

Court No.13 Item No. 296 ap W.P.A. No. 16332 of 2021 UCO Bank & Anr.

Versus

The State of West Bengal & Ors.

Mr. Sudeep Pal Choudhuri.

...For the petitioners.

Ms. Amrita Panja Moulick.

..For the State.

Mr. Amitava Mukherjee, Ms. Arpita Saha, Ms. Ankita Ghosh.

...For the respondent no.11.

Affidavit-of-service filed in Court today be taken on record.

The petitioners are aggrieved by the alleged inaction on the part of the Baguiati Police Station in rendering assistance for execution of an order passed by the District Magistrate, North 24 Parganas under Section 14 of the SARFAESI Act, 2002.

Counsel for the State submits that Baguiati Police Station have already fixed 22nd November, 2022 for taking physical possession of the property and handing it over to the Bank in terms of the directions of the District Magistrate, North 24 Parganas. Counsel for the private respondent no.11 submits that there is an injunction has passed by the Civil Judge (Junior Division) 1st Court, Barasat, North 24 Parganas in Title Suit No. 577 of 2019 in respect of the said property against her.

It appears from the said order that the Bank is not a party to the said proceedings.

Be that as it may, Bank may take steps in accordance with law.

The Bank shall intimate the Baguiati Police Station as to when they wish to actually take the property. The parties may take steps in accordance with law.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)