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2026 DAILYLAW 29353 (CAL)

BIDYA BATI BANIK v. AADHAR HOUSING FINANCE LIMITED AND ANR.

WPA/17797/2026 · 2026-07-21

Om Narayan Rai

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

N.22Sl 151/CL 21.07.26 DL-10 Ct-07 (S.R.) WPA 17797 of 2026 Bidya Bati Banik v. Aadhar Housing Finance Limited & Anr. Mr. Ritoban Sarkar Mr. Debanjan Ghosh Mr. A. Sarkar Mr. Subhanil Roy Chowdhury … for the petitioners. Mr. Sayak Ranjan Ganguly Ms. Srijani Ghosh Ms. Pujal Musahib Ms. Simrin Hussain … for the respondent nos.1 and 2. 1. This writ petition assails an order dated July 13, 2026 passed by the Additional Chief Judicial Magistrate, Alipore in Misc. Case No.326 of 2026 which was initiated under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2. It is well settled that a step taken under Section 14 of the 2002 Act is actually a step under Section 13(4) of the said Act, and is therefore amenable to the jurisdiction of the relevant Debts Recovery Tribunal under Section 17 of the 2002 Act. 3. Learned advocate appearing for the respondents takes a further point that the respondents in the writ petition are all private respondents i.e. the respondent no.1, (Aadhar Housing Finance Limited) is a housing finance company and the respondent no.2 is the authorised officer thereof. It is submitted that none of the respondents positively answer the definition of “State” within the meaning of Article 12 of the Constitution of India. 4. In such view of the matter, this writ petition cannot be entertained. The petitioner shall however be free to approach the relevant Debts Recovery Tribunal seeking appropriate relief. 5. Nothing in this order shall preclude the petitioner from approaching the respondents herein seeking consideration of the petitioner’s requests for settling the loan-dispute and this order shall not be considered as a mandate to enter into a compromise or settlement. 6. With the aforesaid observations, WPA 17797 of 2026 stands disposed of. 7. There shall be no order as to costs. 8. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.) 2