State Bank Of India And ANR v. The State Of West Bengal And ORS
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Original Side Present :- Hon'ble Justice Amrita Sinha WPO 127 of 2025 State Bank of India & Anr.
Vs.
The State of West Bengal & Ors.
For the writ petitioners :- Mr. Indrajit Bhattacharjee, Adv.
For the respondent nos. 3 to7 :- Mr. Atarup Banerjee, Adv.
Mr. Rajdeep Pramanik, Adv.
Heard on :- 24.02.2025 Judgment on :- 03.03.2025 Amrita Sinha, J.:- 1.
The writ petition has been filed by the bank praying for a direction upon the District Magistrate to consider and dispose the request made by the bank under Section 14 of the SARFAESI Act, 2002 for recovery of the sum of Rs. 8,72,49,127/- inclusive of interest upto 23rd June, 2015.
2.
The issues in the instant writ petition are similar to the issues which have been decided by the Court in WPO 14 of 2025 in the matter of State Bank of India & Anr. -vs- The State of West Bengal & Ors. by passing judgment on 03.03.2025.
3.
The issues being similar in both the writ petitions, the decision in WPO 14 of 2025 in the matter of State Bank of India & Anr. -vs- The
State of West Bengal & Ors. shall also be applicable in the instant case.
4.
The District Magistrate is directed to dispose of the application of the bank made under Section 14 of the Act in accordance with law, at the earliest, but positively within four weeks from the date of communication of this order.
5.
As, admittedly, the cause of action for filing the instant writ petition arose outside the original side jurisdiction of this court, accordingly, the instant writ petition is directed to be converted to the appellate side and then renumbered. The writ petition in the original side shall be treated as disposed of. The renumbered writ petition in the appellate side shall also stand disposed of.
6.
Urgent certified photocopy of this judgment, if applied for, be supplied to the parties or their advocates on record expeditiously on compliance of usual legal formalities.
(Amrita Sinha, J.)