Tata Capital Housing Finance Limited And ANR v. State Of West Bengal And ORS.

AD-14 Ct No.09 17.10.2023 TN WPA No. 23801 of 2023 Tata Capital Housing Finance Limited and another Vs.

State of West Bengal and others Mr. Pratip Mukherjee, Mr. Sayak Ranjan Ganguly, Ms. Srijani Ghosh .... for the petitioners Mr. Anirban Ray, Mr. Sk. Md. Galib, Mr. Tamal Taru Panda .... for the State 1.

The petitioner no.1 is a financial company whose application under Section 14 of the SARFAESI Act, 2002 is pending beyond the statutory period as stipulated in the said Act.

2.

Learned counsel for the petitioners contends that there is no pending challenge under Section 17 of the said Act by the borrower.

3.

Hence, WPA No. 23801 of 2023 is disposed of by directing the respondent no.2/the District Magistrate to dispose of the petitioners'

application under Section 14 of the SARFAESI Act, 2002 as expeditiously as possible, positively on or before November 24, 2023.

4.

There will be no order as to costs.

5.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)