M/S. Allied Retail India Pvt. And ANR v. S.B. I. And ORS

Form No. J.(2) Item No. 24

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE HEARD ON: 09.07.2024 DELIVERED ON: 09.07.2024

CORAM:

THE HON'BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA M.A.T. 1353 of 2024 With I.A. No. CAN 1 of 2024 M/s. Allied Retail India Pvt. Ltd. & Anr.

Vs.

State Bank of India & Ors.

Appearance:- Mr. Rahul Karmakar Mr. Shubhankar Chakraborty Mr. Saptarshi Bhattacharjee Ms. Ruchira Manna Ms. Sayani Gupta .........for the appellants Mr. Anirban Pramanick Mr. Punarbasu Nath ...........for the State Bank of India Mr. Moloy Singh Mr. Tapas Ballav Mondal ........for the State

JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. Heard the learned advocates for the parties.

2. This intra-Court appeal by the respondent nos. 6 and 7 in the writ petition filed by the State Bank of India is directed against the order dated 28th June, 2024 in W.P.A. 26236 of 2023. The bank had approached the learned writ

Court on the ground that the Commissioner of Police was not providing police assistance to implement the order passed by the District Magistrate under section 14 of the SARFAESI Act.

3. Admittedly, the said order passed by the District Magistrate under section 14 of the Act has not been challenged by the respondent nos. 6 and 7.

4. The learned advocate appearing for the respondent/bank submitted that as on date more than Rs. 10 crore is due.

5. Considering these facts, we are of the view that the learned Single Bench was right in issuing the impugned direction and no ground has been made out to interfere with the said order. Accordingly, the appeal and the connected application (I.A. No. CAN 1 of 2024) are dismissed.

6. No costs.

7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(HIRANMAY BHATTACHARYYA, J.) Pallab/S. Banerjee AR(Ct.)