M/S Arularasan Pharmacy v. The Branch Manager And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/624/2025 M/s. Arularasan Pharmacy Vs The Branch Manager and Others Mr. Gopala Binnu Kumar ... for the petitioner Mr. Subhankar Halder ... for the respondent No.2 (on behalf of Mr. Alokesh Sarkar) December 22, 2025 [AKB] Item No.6 1.

The writ application has been preferred praying for setting aside of the order dated 12th June 2025 under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) by the respondent bank and consequent to the default committed by the petitioner in repayment of principal debt and interest thereon therefore the petitioner was called to pay an amount of Rs. 20,12,415.79/- (Rupees Twenty Lakh Twelve Thousand Four Hundred Fifteen And Seventy-Nine Paise Only) within 60 days which includes unrealized interest, accrued interest and charges as on 29th May 2025 the respondent bank and also along with the future interest followed by the Impugned Order dated 11th December 2025 whereby a notice was issued to the petitioner to vacate the said property by 23rd December 2025 and hand over the possession to the bank.

2.

In course of hearing Mr. Gopala Binnu Kumar, learned advocate for the petitioner submits that in view of para 135 of the judgment of the Supreme Court in Madras Bar Association

vs. Union of India and another passed in Writ petition (C) No. 626 of 2021 dated 19.11.2025 the constitution of the Debt Recovery Tribunal at present is not in accordance with law. It is further stated on relying upon paragraph 155 of the said judgment in Madras Bar Association (Supra) that the appointment of the present incumbent at the Debt Recovery Tribunal has become void as he was appointed on 13.12.2023 and as such the petitioner has invoked the writ jurisdiction of this Court.

3.

The learned counsel for the petitioner at this stage submits that without going into the dispute as to the impugned order, the petitioner at this stage is ready and willing to make payment of the total outstanding amount along with interest within a period as specified by the Court and prays for easy installments.

4.

It appears from the impugned order dated 12th June, 2025 that the petitioner herein had been granted time to pay the said amount along with interest within 60 days from the date of the said order.

5.

The petitioner has now approached Writ Court being aggrieved with the order dated 11.12.2025, wherein the respondent No.2 has directed the respondent bank to direct the petitioner to vacate the premises to enable the respondent bank to take possession on 23.12.2025 for nonpayment of the outstanding amount within the time permitted. 6.

On hearing the parties and considering that the fact that the authority concerned had granted the petitioner a certain

time period to pay the outstanding amount with interest, this Court in the interest of justice, directs the petitioner to repay the total outstanding amount along with interest as accrued, in four equal monthly installments, fraction, if any to be paid along with the last installment.

7.

Each of the installments is to be paid by the 10th of each month starting from January, 2026. It is made clear that in case the petitioner defaults to pay the said amount as directed by this Court, the respondent shall be at liberty to proceed against the petitioner and his mortgaged property in accordance with law.

8.

Considering the above direction, the order dated 23.12.2025 issued by the respondent No.2 be stayed till 30.04.2026.

9.

Be it noted that in case of noncompliance by the petitioner the order of stay shall stand automatically vacated. The order dated 12th June, 2025 passed under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) by the respondent bank is modified to the above extent. 10.

The writ petition is accordingly disposed of along with all connected application, if any.

11.

Parties to act on the server copy of this order downloaded from the official website of this Court.

[Shampa Dutt (Paul), J.]