Mofijul Mandal v. Ujjivan Smallfinance Bank

11.12.2025.

Ct.No.24.

as WPA 22679 of 2025 Mofijul Mandal Vs.

Ujjivan Small Finane Bank & Ors.

Mr. Rohan Chamira.

...for the Petitioner.

Mr. Harpal Singh, Mr. Sourav Kumar, Mr. Sanjay Kr. Shaw.

...for the Respondent Nos.1 & 2.

1.

The petitioner's grievance that the bank may take possession of his residential property, which had not been mortgaged, seems unfounded.

2.

Mr. Singh appearing for the bank submits that the bank will take possession in terms of the notice under Sections 13(2) and 13(4) of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) and possession notice under Rule 8(1) of the Security Interest Enforcement Rules, 2002 and the schedule appended therewith.

3.

In view of the aforestated, it is clear that the bank will not take possession beyond the schedule of land, as stated in the notices. The petitioner is at liberty to seek redressal of his grievances before the Debts Recovery Tribunal, if so advised.

4.

The writ petition is, thus, disposed of.

5.

There shall be no order as to costs.

6. Since affidavits have not been called for, allegations contained in the petition are deemed to have been denied. 7.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)