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2025 DAILYLAW 3151 (CAL)

ICICI HOME FINANCE COMPANY LIMITED v. STATE OF WEST BENGAL AND ORS

WPA/901/2026 · 2026-07-20

Hiranmay Bhattacharyya

body2025

Judgment text

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Court No. 10 (1629) 20.07.2025 (JPD 43) (S. Banerjee) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side WPA 901 of 2026 ICICI Home Finance Company Limited Vs. The State of West Bengal & Ors. Mr. Milindo Paul Mr. Nabankur Paul Ms. Bedashruti Bose … for the petitioner Mr. Kunaljit Bhattacharjee, AGP Mr. Samar Rakshit … for the State Affidavit-of-service filed in Court today be kept with the record. Learned advocate appearing for the petitioner submits that the respondents have been duly served. In spite of service, none appears for the private-respondents. State is represented by the learned AGP. The petitioner, who is a secured creditor, has approached the learned ACJM, Siliguri under Section 14 of the SARFAESI Act, 2002. The learned ACJM, 2 Siliguri passed an order dated June 26, 2025 and appointed an Advocate Commissioner to take physical possession of the secured assets. It appears from the order dated June 26, 2025 that the said order was forwarded to the Officer-in- Charge, Naxalbari Police Station. Mr. Paul, learned advocate appearing for the petitioner submits that in spite of several representations being made to the police authorities, no effective steps have been taken by the police authorities to render assistance to the petitioner for the purpose of execution of the order under Section 14 of the Act of 2002. He submits that very recently by a letter dated July 7, 2026, the petitioner has been intimated about the per day cost per category of police personnel for the purpose of rendering necessary assistance to the petitioner. He submits that unless the total police cost is estimated and intimated to the petitioner, it would not be possible for the petitioner to deposit the police cost. Faced with such situation, the learned AGP submits that the police cost would be assessed and intimated to the 3 petitioner within the time limit as may be fixed by this Court. The Officer-in-Charge, Naxalbari Police Station, being the 4th respondent, is directed to assess the total police cost that may be required to be paid by the petitioner for the purpose of execution of the order dated June 26, 2025. Let such assessment be made and communicated to the petitioner as expeditiously as possible but positively within a period of two weeks from the receipt of a server copy of this order. Upon deposit of the police cost, a date for execution of the order shall be intimated by the police authorities to the petitioner and the Advocate Commissioner. The date for execution of the order shall be fixed within three weeks from the date of deposit of the police cost. With the above observation and direction, this writ petition stands disposed of. (Hiranmay Bhattacharyya, J.)