Yes Bank Limited v. State Of West Bengal And ORS.

06.11.2025 sdas WPA 19900 of 2025 Yes Bank Limited & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Aasif Hussain Mr. Arijit Ghosh .... for the petitioners Mr. Biswabrata Basu Mallick, learned AGP Ms. Ashmita Chakraborty .... for the State Mr. Anindya Bose Mr. Subhayu Das Mr. Mridul Biswas .... for the private respondents

1. Let affidavit-of-service filed in Court be kept on record.

2. Learned Advocate appearing for the petitioners submits that an application Section 14 of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) (hereinafter referred to as the "said Act") had been made sometime in July, 2024. Inspite of several dates, the matter has never been heard by the respondent no. 2.

3. I have been informed that the next date is fixed on December 24, 2025.

4. The respondent no. 2 is directed to take up the matter as the said Act provides strict timeline which ought to be adhered and dispose of the same on December 24, 2025.

5. The private respondents (borrowers) are represented and state that they have never received a copy of the notice Under Section 13(4) of the said Act to know of such proceedings only upon service of the writ petition. The private respondents have instituted proceedings before the Debts Recovery Tribunal-III.

6. This order will not impede the private respondents' right to challenge the proceedings before the appropriate authority.

7. The writ petition is, thus, disposed of with the aforestated observations.

8. There shall, however, be no order as to costs.

9. Since no affidavit is called for, the allegations contained in the writ petition are deemed not to be admitted.

10.Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)