Canara Bank v. The District Magistrate And Collector Howrah And ORS.

ML-258 24.10.2025 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 18646 of 2025 Canara Bank Vs.

The District Magistrate & Collector, Howrah & Ors.

Mr. Farooque Ali.

...For the Petitioner.

Mr. Ranjan Kali.

Ms. Mitul Chakraborty.

Ms. Payel Nath.

... For the respondents 6 and 7.

1. The petitioner, being the secured creditor has approached this Court seeking a direction upon the District Magistrate, Howrah to conclude the proceeding initiated under Section 14 of the SARFAESI Act.

2. From a communication made by the Bank to the District Magistrate dated 9th January, 2025 it appears that hearing of the Section 14 application stood completed but final order was not passed.

3. Learned advocate representing the private respondents submits, upon instruction that, a securitization application at the instance of the private respondents is pending consideration before the Debts Recovery Tribunal being SA 45/2022.

4. Section 14 authority ought to take steps strictly in terms of the Act wherein time limit has been prescribed for conclusion of the proceeding. The time limit for concluding the proceeding appears to have been expired long back.

5. The instant writ petition stands disposed of by directing the District Magistrate, Howrah to take steps for concluding the Section 14 application in accordance with law without any further delay.

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.)