Canara Bank v. The District Magistrate, Howraha And ORS

28.10.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 16687 of 2025 Canara Bank -versus The District Magistrate, Howrah & Ors.

Mr. Farooque Ali, Mr. Faizan Md. Zafa.

...For the Petitioner.

Ms. Somashree Dey.

... For the State.

1.

The writ petition, at the instance of the District Magistrate, is for disposal of the application made by the Bank under Section 14 of the SARFAESI Act.

2.

It has been submitted that though the hearing under Section 14 is complete but final order has not been passed by the District Magistrate. 3.

Learned advocate appearing on behalf of the State respondents has obtained instruction from the office of the District Magistrate, Howrah wherefrom it appears that a communication vide Memo No.

2422/RM dated 8th September, 2025 has been issued from the office of the District Magistrate, Howrah to the Authorized Officer of the Bank requesting submission of certain documents.

4.

It has been submitted that in the absence of the latest record of rights, the District Magistrate, Howrah is not in a position to process the Section 14 application of the Bank.

5.

Learned advocate appearing on behalf of the Bank denies receiving any communication from the office of the District Magistrate.

6.

Be that as it may, as it appears that the District Magistrate requires certain documents from the Bank for further processing the Section 14 application, accordingly, a copy of the communication dated 8th September, 2025, produced in Court today, has been handed over to the learned advocate appearing on behalf of the Bank.

7.

The Bank is directed to take necessary steps. On receipt of the required document, the District Magistrate shall take steps to dispose of the Section 14 application immediately without any further delay. 8.

The Section 14 authority ought to keep in mind the timeline prescribed for disposal of the Section 14 application.

9.

The writ petition stands disposed of.

10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)