Canara Bank v. The District Magistrate, North 24 Pgs And ORS
03.12.2025 (D/L-31) Ct.-24 (Nandita) W.P.A. 15961 of 2025 Canara Bank -Vs- The District Magistrate, North 24 Parganas & Ors. Mr. Farooque Ali .... For the Petitioner
1. The affidavit-of-service filed in Court today is taken on record.
2. The petitioner's grievance is that the order of the respondent no.1 of January 2, 2024 is without authority, inasmuch as the same directed enforcement thereof to be made within a period of six months from the date of receipt of the order.
3. The petitioner has also made a request on 24th June, 2025 seeking extension of time for enforcement of the order passed by the respondent no.1.
4. There is absolutely no time line prescribed for enforcing the order passed by the designated authority under Section of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter the said Act). Hence, the District Magistrate clearly went beyond
his jurisdiction to fix time lines for execution and/or enforcement of his order.
5. The said order, in view of such time lines, has presently expired and cannot be enforced. The petitioner bank is granted liberty to make a fresh application under Section 14 of the said Act within two weeks from date.
6. The concerned District Magistrate, the respondent no. 1 will dispose of such application within a period of four weeks from the date the application is placed before him.
7. With the aforestated direction, the writ petition is disposed of.
8. There shall, however, be no order as to costs.
9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities (Reetobroto Kumar Mitra, J.)