State Bank Of India And ANR v. The Learned District Magistrate And ORS

09.07.2025

IN THE HIGH COURT AT CALCUTTA

Item No.28 CIRCUIT BENCH AT JALPAIGURI Ct. No. 4 KB WPA/1351/2025 STATE BANK OF INDIA AND ANR VS THE LEARNED DISTRICT MAGISTRATE AND ORS.

Mr. Milindo Paul, Mr. Nabankur Paul, Ms. Sutapa Sen Paul, Ms. Bedashruti Bose, Mr. Subham Das, Mr. Bodhisatya Ghosh ...for the petitioners.

Mr. Subir Kr. Saha, Mr. Kumar Shantanu ...for the State.

Mr. Debajit Kundu ...for respondent nos. 2 & 3.

The petitioner being a secured creditor seeks a direction for disposal of its application under Section 14 of the Securities and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter SARFAESI Act) made before the District Magistrate, Coochbehar on December 5, 2023. It is unfortunate that an application made under Section 14 of the SARFAESI Act, 2002 has remained pending for more than one and a half years although Section 14 of the said Act directs that such application should be disposed of expeditiously.

WPA No. 1351 of 2025 is disposed of by directing the respondent no. 1 i.e. the District Magistrate, Cooch Behar, to dispose of the petitioner's application under Section 14 of the SARFAESI Act made on December 5, 2023 positively within a period of four weeks from the date of communication of this order.

(Om Narayan Rai, J.)