Midland Nursing Home Private Limited And ANR v. District Magistrate, North 24 Pgs And ORS
17.09.2025 Court No.14 AGM
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION WPA 19785 of 2025 Midland Nursing Home Private Limited & Anr.
Vs.
District Magistrate, North 24 Parganas & Ors. Mr. Subir Sanyal. Sr. Adv.
Mr. Kaushim Chatterjee.
Mr. Ritoban Sarkar.
Mr. Soham Sen.
... For the petitioners.
Mr. Arijit Bardhan.
Mr. Gourab Mondal.
...For the respondent no. 4.
1. The petitioner is aggrieved by the order passed by the Debts Recovery Tribunal No. III Kolkata on 19th August, 2025 by observing that the issue of NPA is kept open to be decided by the Tribunal at the time of final hearing of the securitization application.
2. According to the petitioners, the entire issue relates to declaration of NPA. The petitioner asserts that NPA was declared contrary to the direction passed by the Hon'ble Supreme Court.
3. Prayer has been made seeking for a direction upon the Tribunal to take steps for early disposal of the securitization application so that the primary issue in the securitization application may be decided.
4. Learned advocate representing the Financial Institution submits that if the petitioners are aggrieved by any direction passed by the Tribunal, the petitioners ought to have approached the appellate forum.
5. It has been denied that the NPA was declared in any manner contrary to the direction passed by the Hon'ble Supreme Court.
6. Upon hearing the submission made on behalf of the parties and on perusal of the direction passed by this Court on 17th March, 2025 in WPA 5513 of 2025 (Midland Nursing Home Private Limited & Anr -Vs- District Magistrate, North 24 Parganas & Ors.), the Court disposes of the instant writ petition with a request to the learned Tribunal to make an endeavour to decide the issue of declaration of NPA at the earliest without granting any unnecessary adjournment to any of the parties preferably by 19th December, 2025.
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.)