Dilip Kumar Basak v. Canara Bank

OD-2 WPO 2002 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE DILIP KUMAR BASAK

VERSUS

CANARA BANK

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 29th April, 2022.

Appearance:

Mr. Rudraman Bhattacharyya,Adv.

Mr. Ganesh N. Jajodia,Adv.

Mr. Rohit Banerjee,Adv.

Mr. Rittick Choudhury,Adv.

Ms. Nitu Singh,Adv.

...for the petitioner.

The Court :- Despite service of notice, the respondent, Canara Bank, is not represented. Affidavit of service filed in Court is taken on record. It appears from the records that a notice under Section 13(4) of the SARFAESI Act, 2002 has been issued to the writ petitioner for taking formal possession of the immovable property charged to the bank by the petitioner. The petitioner submits that he has continued to repay the outstanding dues of the bank, for which reason the bank has not taken any further steps pursuant to the said possession notice.

The petitioner claims that he has since paid off the entire outstanding dues of the bank. He has made a representation dated 24th March, 2022,

inter alia, asking for a no-due certificate, for release of title deeds in respect of said immovable property and of charge on the petitioner's vehicle. There is no reply from the bank in that regard. In that view of the matter, the respondent, Canara Bank, Burrabazar branch, Kolkata, is directed to dispose of the petitioner's representation dated 24th March, 2022 mandatorily and positively, within a period of one month from date of receipt of a copy of this order in accordance with law. In view of the above, WPO No. 2002 of 2022 is disposed of. (RAJASEKHAR MANTHA, J.) S.Chandra