Md. Aftab Alam Ansari v. The District Magistrate, Paschim Bardhaman And ORS,

WPA 29742 of 2024 Md. Aftab Alam Ansari Vs.

The District Magistrate, Paschim Bardhaman & Ors. Mr. Biswajib Ghosh, Mr. Sumitava Chakraborty, Ms. Bratati Pramanick ...for the Petitioner Mr. Avirup Mondal ...for Respondent No. 6 Mr. Abhishek Banerjee, Ms. Payel Ghosh ...for the Bank Mr. Gourav Das, Ms. Subhasri Chatterjee ...for the State 17-12-2024 AKG Ct. 15 The office of District Magistrate of Paschim Bardhaman issued a notice dated December 4, 2024, in connection with SARFAESI Case No. SRF/DDM/840 (Union Bank of India, Durgapur v. Ateeb Enterprise, Md. Imteyaz Akhter & Md. Salim Ansari). The notice directed the parties concerned to attend the hearing on December 13, 2024, at 12:00 p.m. at the chamber of the Additional District Magistrate (General), ADDA Building, Kanyapur, Asansol, Paschim Bardhaman, along with all relevant documents.

The petitioner asserts that the guarantor, Md. Salim Ansari, passed away on January 24, 2023. However, a notice dated December 14, 2024, was still issued against the deceased guarantor. The borrower, Respondent No. 6, is the son of the deceased

guarantor, and the petitioner claims to be the other brother of Respondent No. 6.

The parties were unable to inform this Court whether any meeting was held on December 14, 2024. In my view, the petitioner, as a legal heir of the guarantor, shall also be issued a notice.

Accordingly, this writ petition is disposed of with a direction to the District Magistrate of Paschim Bardhaman to issue a fresh notice to the petitioner in connection with the proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and to conclude the proceedings as expeditiously as possible.

WPA 29742 of 2024 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)