South Indian Bank Limited And ANR. v. State Of West Bengal And ORS.

ML-249 24.10.2025 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 17598 of 2025 The South Indian Bank Limited & Anr.

Vs.

State of West Bengal & Ors.

Mr. Shiv Mangal Singh ...For the Petitioners.

Mr. Amal Kumar Sen. AAG Mr. Lal Mohan Basu.

... For the State.

Mr. Arghya Chatterjee.

Ms. P. Chatterjee.

... For the respondents 5 to 7.

1. Affidavit-of-service filed in Court today is kept with the records.

2. The application made by the petitioner/bank under Section 14 of the SARFAESI Act is pending consideration before the District Magistrate, Purba Bardhaman.

3. Learned advocate representing the private respondents submits, upon instruction that, a securitization application is pending consideration before the Debts Recovery Tribunal being SA 50/2024 (Sri Dhiraj Banerjee -Vs- South Indian Bank).

4. According to the SARFAESI Act, the application under Section 14 is required to be disposed of within a period of thirty days extendable for a further period of thirty days. In the instant case, the application is pending for months together.

5. The instant writ petition is, accordingly, disposed of by directing the District

Magistrate, Purba Bardhaman to take steps for disposal of the Section 14 application, in accordance with law at the earliest, but positively within a period of thirty days from the date of communication of this order. A reasoned order shall be passed and communicated to the petitioner immediately thereafter.

6. The writ petition stands disposed of.

7. Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Amrita Sinha, J.)