Cholamandalam Investment And Finance Company Ltd And ANR. v. State Of West Bengal And ORS.

TUESDAY Court : MB-24 Item : AD-04 Status : DO ID : 266312 AR : NANDY In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 26049 OF 2025 CHOLAMANDALAM INVESTMENT & FINANCE COMPANY LTD & ANR. VS.

THE STATE OF WEST BENGAL & ORS.

Mr. Asif Hussain, Advocate Mr. Arijit Ghosh, Advocate Mr. Rahul Modak, Advocate ......for the Petitioners

1. Affidavit of service, as filed, be kept with the record.

2. The petitioner is aggrieved by the inaction of the respondent no. 2 in not executing the order passed under Section of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the said Act) on 09.04.2024.

3. The reason for such inaction ostensibly is that the incumbent to the post of Executive Magistrate, SubDivisional Office, who was appointed by the respondent no. 2 as the Authorized Officer, had fallen vacant for a long period of time.

4. The respondent no. 2 is directed to act in accordance with the provisions of the said Act and depute the present incumbent to the aforesaid post of Executive Magistrate, Sub-Divisional Office, North 24-Parganas to act as the Authorized Officer and take immediate steps to execute the order of 09.04.2024.

5. With these directions, WPA 26049 of 2025 is disposed of. No order as to costs.

6. Urgent Photostat Certified Copy of this order, be given to the parties, if applied for.

(REETOBROTO KUMAR MITRA, J.)

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