S.M.F.G. India Home Finance Co. Ltd v. State Of West Bengal And ORS.

07.11.2025.

Ct.No.24.

as WPA 23727 of 2025 S. M. F. G. India Home Finance Co. Ltd.

Vs.

The State of West Bengal & Ors.

Ms. Soni Ojha.

...for the Petitioner.

Mr. Suman Ghosh, Ld. Sr. Govt,. Adv., Mr. Santanu Chattopadhyay.

...for the State.

1.

Affidavit of service as filed, be kept on record. 2.

The writ petitioner assails the inaction on the part of the respondent No.2, in not disposing of the application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the said 'SARFAESI Act'). This application under Section 14 of the SARFAESI Act has been pending since March, 2025 and is yet to be considered.

3.

Needless to mention that the statute mandates that such application under Section 14 of the SARFAESI Act be disposed of within a stipulated time, which has been clearly violated in the instant case.

4.

Since the State is not represented, Mr. Ghosh, learned Senior Government Advocate is present in Court along with Mr. Santanu Chattopadhyay.

5.

Let their appointments be regularized on behalf of the State.

6. The respondent No.2 is directed to dispose of such application within a period of three weeks from date, if not already done.

7.

With the aforestated direction, the writ petition is disposed of.

8. There shall be no order as to costs.

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

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