Sk Halim v. Bank Of Baroda (Erstwhile Dena Bank) And ANR

07.08.2025 Court No.14 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 18107 of 2025 Sk. Halim Vs.

Bank of Baroda & Anr.

Mr. Aranyak Saha.

Ms. Ipsita Ghosh.

...for the Petitioner.

Mr. Shiv Mangal Singh.

... for the respondent Bank.

1. Affidavit-of-service filed on behalf of the petitioner be retained with the records.

2. The petitioner is aggrieved by the auction notice published by the Bank of Baroda on 7th July, 2025 to recover the loan amount by invoking provision of the SARFAESI Act.

3. According to the provisions of the SARFAESI Act, any person aggrieved by any steps taken by the Bank to recover the loan amount may approach the Debts Recovery Tribunal for relief.

4. Nearly a month has elapsed from the date of the sale notice. The petitioner ought to have approached the Tribunal for necessary relief.

5. The Bank is not represented today. The Court is not aware as to whether the sale has fructified or not.

6. In view of the above, the instant writ petition is disposed of by observing that it will be open for the petitioner to

challenge the steps taken by the Bank to sell the secured asset before the Debts Recovery Tribunal.

7. The writ petition stands disposed of.

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

(Amrita Sinha, J.)