Union Bank Of India And ANR. v. State Of West Bengal And ORS.

08.12.2025 MONDAY Court : MB-24 Item : AD-02 Status : DO ID : 266312 AR : NANDY In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 27448 OF 2025 UNION BANK OF INDIA & ANR.

VS.

THE STATE OF WEST BENGAL & ORS.

Ms. Sreemoyee Mitra, Advocate ......for the Petitioners Mr. Sambuddha Dutta, Advocate Ms. Debdooti Dutta, Advocate ......for the State Mr. Purnasish Gupta, Advocate Mr. Jayanta Kuamr Mukhopadhyay, Advocate ......for the Respondent No. 5

1. The petitioner seeks a direction on the respondent no. 2, to facilitate the process of taking possession, pursuant to an order passed by the said respondent on 16.09.2021. The petitioner admits that the said order was not executed as the petitioner had entered into a one-time settlement with the private respondent herein, the borrower.

2. Mr. Gupta, learned Advocate appearing on behalf of the private-respondent submits that the application also does not disclose that there is a pending application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the said Act) before the Debts Recovery Tribunal-III, Kolkata.

3. Since there are several subsequent facts which have occurred after the order was passed by the respondent no. 2 in 2021, the situation demands that a fresh application be filed by the petitionerBank with the respondent no. 2.

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4. Upon such filing, the respondent no. 2 shall dispose of such application within the time stipulated in the statute.

5. With the afore-stated directions, WPA 27448 of 2025 is disposed of. No order as to costs.

(REETOBROTO KUMAR MITRA, J.)