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

OD-8 ORDER SHEET WPO/1068/2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE STATE BANK OF INDIA

Versus

STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 15th May, 2023.

Appearance:

Mr. Pijush Kanti Ray, Adv.

Mr. Sourajit Mukherjee, Adv.

..for the petitioner Mr. Manoj Malhotra, Adv.

Mr. Santanu Chatterjee, Adv.

..for the State Mr. Samrat Mukherjee, Adv.

Mr. Souvik Das, Adv.

Mr. Rudranil Das, Adv.

..for respondent nos.6 to 10 The Court: The application is by a secured creditor seeking a direction on the District Magistrate to dispose of an application under Section 14 of the SARFAESI Act, 2002.

According to learned counsel appearing for the petitioner, the application has been pending since November, 2021. Section 14(1)(ix), Second Proviso gives an outer limit within which the application must be disposed of by the District Magistrate : 60 days.

The application has been pending for a time much beyond the statutory time period.

WPO/1068/2023 is disposed of with a direction on the District Magistrate, North 24-Parganas to dispose of the application within 26th May, 2023 upon intimation to the petitioner.

The affidavit of service is kept on record.

(MOUSHUMI BHATTACHARYA, J.) sg.