D/L 10-12 25.02.2025 Court No.14 PRADIP IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 23458 of 2024 Pawan Beriwal Vs. The State of West Bengal & Ors. Mr. K C Garg Ms. Sumita agarwal … for the Petitioner. Mr. Ashis Kumar Guha Mr. Naren Ghosh Dastidar …for the State. Mr. Sannidhya Datta Mr. Abhijit Sarkar Mr. Abhikchitta Kundu Ms. Abhipriya Sarkar … for the Financial Corporation. Mr. Partha Pratim Roy Ms. Ankita Dey …for the respondent no.7 With WPA 2574 of 2022 Asim Kumar Das Vs. The State of West Bengal & Ors. Mr. Partha Pratim Roy Ms. Ankita Dey … for the Petitioner. Mr. Sannidhya Datta Mr. Abhijit Sarkar Mr. Abhikchitta Kundu Ms. Abhipriya Sarkar … for the Financial Corporation. Mr. K C Garg Ms. Sumita agarwal …for the Auction Purchaser. With WPA 7100 of 2022 Asim Kumar Das Vs. The State of West Bengal & Ors. Mr. Partha Pratim Roy Ms. Ankita Dey … for the Petitioner. 2 Mr. Sannidhya Datta Mr. Abhijit Sarkar Mr. Abhikchitta Kundu Ms. Abhipriya Sarkar … for the Financial Corporation. Mr. K C Garg Ms. Sumita agarwal …for the Auction Purchaser. 1. Reports filed by the Superintendent of Police, Purba Bardhaman signed on 24th February, 2025 and the report of the Officer-in-Charge, Memari Police Station signed on 22nd February, 2025 in connection with WPA 23458 of 2024 is taken on record. 2. Asim Kumar Das obtained loan from the West Bengal Financial Corporation and being unable to pay off the loan amount, sought for onetime settlement. The settlement was allowed on April 8, 9, 2009. The borrower was supposed to pay off the loan amount by way of installments. 3. As the borrower, Asim Kumar Das, failed to pay off the loan amount as per the settlement; the Financial Corporation withdrew and cancelled the settlement with immediate effect from 13th April, 2009. The same was intimated to Asim Kumar Das and it was mentioned that, the payments made by Asim Kumar Das would be adjusted with the loan amount as per usual norms of the Corporation. 4. Asim Kumar Das never challenged the withdrawal and cancellation of the onetime settlement and went on to pay off all the dues in a staggered manner and not in the manner as mentioned in the onetime settlement notice. 5. Learned advocate representing Asim Kumar Das has placed before this Court documents which reveal that, the said Asim Kumar Das made payments in the year 2010, 2018 and 2019. 3 6. The Financial Corporation, in the meantime, proceeded for recovery of the loan amount and went on to auction of the mortgaged property and the same was sold in the year 2022. 7. Pawan Beriwal, the petitioner in WPA 23458 of 2024, purchased the mortgaged property in the open auction. As Asim Kumar Das held on the possession of the secured asset, physical possession of the same could not be handed over to Pawan Beriwal. 8. Pawan Beriwal has filed the writ petition praying for a direction upon the Financial Corporation to hand over possession of the property purchased by him upon payment of valuable consideration. 9. Learned counsel representing Asim Kumar Das submits that, as all payments for clearing off the dues have been made by Asim Kumar Das, the property cannot be treated as sold. 10. The aforesaid submission made on behalf of Asim Kumar Das cannot be accepted by the Court. It is clear that the onetime settlement which was entered in between the borrower Asim Kumar Das and the Financial Corporation stood cancelled and withdrawn way back in 2009. The borrower thereafter made ad-hoc payment for clearing off the dues. The said dues, however, were only adjusted with the loan amount but the interest went on increasing. The date on which the property was sold in auction, the due amount in respect of the said loan stood at Rs. 19,45,41/- (as on 31st December, 2006) and the property was sold at Rs. 16.50 lakh. 11. As the property was sold without any stay order or restraint from any Court of competent jurisdiction, the sale has to be taken as validly held and the purchaser would be legally entitled to obtain possession of the secured asset. 12. The borrower, Asim Kumar Das, does not have any legal right to hold on possession of the secured asset any further, as the 4 same has already been sold to the auction purchaser upon payment of valuable consideration. Any further lenience shown to Asim Kumar Das will be against the object of the SARFAESI Act and the very purpose of quick recovery of loan amount will be frustrated. 13. In view of the above, the writ petition filed by Pawan Beriwal being WPA 23458 of 2024 is disposed of by directing the Superintendent of Police, Purba Bardhaman to render adequate police protection and assistance to the men and agents of the West Bengal Financial Corporation for taking over physical possession of the secured asset from the erstwhile borrower Asim Kumar Das and hand over the possession of the same to Pawan Beriwal, the auction purchaser. 14. Asim Kumar Das is directed to vacate the subject property by 7th March, 2025. Taking over physical possession from Asim Kumar Das and handing over the same to Pawan Beriwal should be complete by 18th March, 2025. 15. The matter is made returnable on 21st March, 2025, for recording compliance. 16. The two writ petitions filed by Asim Kumar Das being WPA 2574 of 2022 and WPA 7100 of 2022, stands dismissed. 17. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities. (Amrita Sinha, J.)