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Calcutta High CourtWPA/21916/2022disposed

State Bank Of India And ANR v. State Of West Bengal And ORS.

2023-05-16Hon'Ble Justice Moushumi Bhattacharya2 pages

16.05.2023 sayandeep Sl. No. 25 Ct. No. 05 WPA 21916 of 2022 State Bank of India & Anr.

-Versus- State of West Bengal & Ors.

Mr. Anirban Pramanick Ms. Subhasree Dey .....for the petitioners Mr. Himadri Sikher Chakraborty Mrs. Susnita Saha .......for the State The affidavit-of-service is kept on record.

Learned counsel appearing for the District Magistrate submits that the Report of the BL&LRO indicates that the plot in question is not in the name of the borrower and that the documentation involves forged documents.

Since Section 14 of the SARFAESI Act, 2002 contemplates the District Magistrate to dispose of the affidavit of the secured creditor by passing suitable orders for the purpose of taking possession of the secured assets, the District Magistrate, Bankura being the respondent No. 2, is directed to dispose of the affidavit filed by the petitioners/secured creditor in terms of the documents available to the respondent No. 2 within a period of two weeks from today. The order shall be made available to the petitioners within four days from the date on which the respondent No. 2 passes the order as directed.

WPA 21916 of 2022 is disposed of in terms of the above.

A copy of the Report of the BL&LRO is to be made available to the petitioners in the course of the day. (Moushumi Bhattacharya, J.)