Indian Bank v. State Of West Bengal And ORS.

07/01 In the High Court at Calcutta Constitutional Writ Jurisdiction AD-08/24 Appellate Side 266312 NANDY WPA 27638 of 2025 (DO) INDIAN BANK Vs.

THE STATE OF WEST BENGAL & ORS.

Mr. Mustafir Rahaman, Advocate Ms. Mousumi Pal, Advocate Mr. Kaushik Modak, Advocate ......for the Petitioner-Bank Mr. Tarun Kumar Ghosh, Advocate Ms. Keya Sutradhar, Advocate ......for the State Mr. Prasanta Kumar Pakrashi, Advocate ......for the Respondent Nos. 5, 7 & 8

1. The petitioner's grievance is that an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the said Act), filed sometime in November 2021, has not been disposed of till date, seems wellfounded.

2. However, it is also indisputable that the petitioner has not taken any step since 2021 to expedite the disposal of the application pending before the respondent no. 2.

3. The borrower, the respondent no. 5 herein, submits that the sale notice has been challenged before the Debts Recovery Tribunal and is pending adjudication since September 2025. An application under Section 17 of the said Act has also been filed, which is pending adjudication before the same Tribunal.

4. In view of the afore-stated milieu of facts, the respondent no. 2 is directed to dispose of the application under Section 14 of the said Act, pending since 2021, by 31.01.2026.

5. The Debts Recovery Tribunal-II, Kolkata, is directed to dispose of the application seeking stay of the sale notice by the respondent no. 5, by 30.01.2026.

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6. With these directions, WPA 27638 of 2025 is disposed of without any order as to costs.

(Reetobroto Kumar Mitra, J.)