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

23/12 In the High Court at Calcutta Constitutional Writ Jurisdiction 05/24 266312 Appellate Side NANDY WPA 28190 of 2025 (DISPOSED OF) STATE BANK OF INDIA Vs.

THE STATE OF WEST BENGAL & ORS.

Mr. Pijush Kanti Roy, Advocate Mr. Sourajit Mukherjee, Advocate ......for the Petitioner/Bank Mr. Sagnik Chatterjee, Advocate Mr. Saptarshi Guha, Advocate ......for the State Mr. Suman Saha, Advocate ......for the Respondent Nos. 6 to 12

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

2. The petitioner is aggrieved by the inaction on the part of the respondent no. 2, to deal with an application under Section of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the said Act), filed on 21.07.2023.

3. The District Magistrate, being an authority under Section 14 of the said Act, is statutorily mandated to dispose of an application under Section 14 of the said Act within a period of 30 days and upon extension within 60 days from the date of filing of such application.

4. The District Magistrate has clearly violated the mandate of the statute.

5. Mr. Saha, learned Advocate, appearing for the borrowers and guarantors, being the respondent nos. 6 to 12, submits that there is an application filed by his clients under Section 17 of the said Act, which is pending before the Debts Recovery Tribunal, Siliguri.

6. He also hands up a copy of the order dated 15.12.2025, by which the learned Tribunal is directed the Bank not

P a g e | 2 to issue any sale certificate till 20.01.2026. A copy of such order is taken on record. His further contention is that the application is not in form and does not comply with the statutory mandate of the nine points stipulated in Section 14 of the said Act.

7. The respondent no. 2 is directed to dispose of the application under Section 14 of the said Act by 31.01.2026.

8. The facts as contended by Mr. Saha, may be brought to the notice of the respondent no. 2 by the Bank while presenting its application under Section 14 of the said Act before the respondent no. 2.

9. With the afore-stated directions, WPA 28190 of 2025 is disposed of. No order as to costs.

(Reetobroto Kumar Mitra, J.)