Asharul Haque v. Reserve Bank Of India And ORS.

08/01 In the High Court at Calcutta Constitutional Writ Jurisdiction AD-09/24 Appellate Side 266312 NANDY WPA 29750 of 2025 (DO) ASHARUL HAQUE Vs.

THE RESERVE BANK OF INDIA & ORS.

Mr. Mahim Sasmal, Advocate ......for the Petitioner Mr. Sayak Ranjan Ganguly, Advocate Ms. Srijani Ghosh, Advocate Ms. Ankita Jha, Advocate .......for the Respondent Nos. 2 & 3

1. The petitioner is aggrieved that the possession of a property is sought to be taken by the respondent-Bank which has not been mortgaged.

2. Mr. Ganguly, learned Advocate appearing for the respondent-Bank submits that there has been an error in respect of the notice issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the said Act), as well as the possession notice thereunder. In fact, he has submitted a copy of the instruction from the Bank that the notice under Section 13(4) of the said Act, will be withdrawn by the Bank. Consequentially, all steps thereunder will stand negated, including the possession notice.

3. In view of the afore-stated submission of Mr. Ganguly and the instruction, which is taken on record, nothing remains to be adjudicated in this writ-petition.

4. WPA 29750 of 2025 is accordingly disposed of recording that the Bank will withdraw the notice under Section 13(4) of the said Act and the consequential steps thereunder shall stand negated.

(Reetobroto Kumar Mitra, J.)

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