Canara Bank, N.S. Road Branch And ANR. v. State Of West Bengal And ORS.

13.12.2023 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 23853 of 2023 Canara Bank & Anr.

Vs.

The State of West Bengal & Ors.

Ms. Jayita Roy, Mr. Subhas Chandra Sarkar, Mr. Siddhartha Sankar Roy ...for the petitioners Mr. Amal Kumar Sen, Ms. Sahina Sumi ...for the State 1.

Affidavit-of-service filed in Court today be kept on record.

2.

It transpires that a copy of the writ petition was sent at the correct address of the private respondent/borrower on October 04, 2023 and more than two months have elapsed thereafter. As such, there is presumption of good service.

3.

It is contended by learned counsel for the bank that the application of the Bank under Section of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been kept inordinately pending much beyond

the statutory outer limit. An early disposal of the same is prayed.

4.

In view of the innocuous nature of the prayer, further service of notice on the private respondent is not being directed.

5.

W.P.A. No. 23853 of 2023 is disposed of by directing the respondent no. 2, that is, the District Magistrate, Howrah to dispose of the pending application of the petitioner/Bank under Section of the Act, as expeditiously as possible, positively within January 10, 2024.

6.

There will be no order as to costs.

7.

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

(Sabyasachi Bhattacharyya, J.)