31.07.2026 Item No.11 (DL) Court No.7 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 18822 of 2026 Saikat Halder & Ors. -Vs- The Divisional Commissioner Presidency Division & Ors. Mr. Deep Bhattacharyya, Mr. Dulal Kumar Bhattacharyya, Ms. Puja Talukder. …for the petitioners. Mr. Pradip Paul, Mr. Amit Dey. …for the State. Mr. Sayak Ranjan Ganguly, Ms. Srijani Ghosh, Ms. Simrin Hussain, Mr. Pujal Musahib. …for the respondent no.9. Mr. Sukanta Banerjee. …for the Union of India. 1. Affidavit of service filed in Court today is taken on record. None appears for the respondent nos.10 and 11 despite service. 2. This writ petition assails the action taken by the respondent no.9 being the Authorized Officer of Cholemandalam Investment and Finance Company Limited (Financial Institution) under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 3. The petitioners submit that they are residents of Udayan Complex which has been mortgaged with the Financial Institution and 2 which is being sought to be taken possession of by the respondent no.9 on the strength of an order passed under Section 14 of the 2002 Act by the District Magistrate, South 24- Parganas. 4. The petitioners submit that the petitioners are neither the borrowers nor the guarantors. It is submitted that they are flat owners and they should not be evicted from the property purchased by them by reason of the alleged default done by either the promoter or the land owner. 5. Learned Advocate appearing for the respondent no.9 submits that the property has been mortgaged with the financial institution and as such, the financial institution has right to enforce its security in the mortgaged property in terms of the provisions of the 2002 Act. 6. Learned Advocate appearing for the respondent no.9 also invites the attention of this Court to a letter dated July 21, 2026 annexed at page 23 of the writ petition and submits that the writ petitioners had by the said letter sought for time till August 04, 2026 within which period the dispute as regards loan agreement was to be resolved and it was understood that failing the same, the petitioners would hand over the physical 3 possession of the flats to the Authorized Officer of the financial institution peacefully. It is submitted that in view of such representation, the petitioners cannot maintain this writ petition. 7. Learned Advocate appearing for the petitioners submits that the said undertaking was taken under coercion and the petitioners never voluntarily stated that the petitioners would hand over the peaceful possession of the property to the respondent no.9. 8. Heard learned Advocates appearing for the respective parties and considered the material-on-record. 9. The petitioners have assailed the action of the respondent no.9 under Section 13(4) of the 2002 Act. The order passed by the District Magistrate under Section 14 of the 2002 Act is also a step within the fold of Section 13(4) of the said Act of 2002. All the aforesaid actions are assailable before the Debts Recovery Tribunal under Section 17 of the 2002 Act. The language of Section 17 of the 2002 Act is broad enough to include the petitioners as well and they can file the application in accordance with law. 10. In such view of the matter, the petitioners are left free to approach the 4 relevant Debts Recovery Tribunal with their grievances. 11. The petitioners shall also be free to approach the respondent no.9 requesting for appropriate consideration of the petitioners’ requests as regards the subject property. If such approach is made, the respondent no.9 shall consider the petitioners’ requests in accordance with law. 12. It is made clear that this Court has not gone into the merits of the petitioners’ case or of the case of respondent no.9 and all points are left open to be decided by the relevant Debts Recovery Tribunal, if such approach is made, in accordance with law. 13. WPA 18822 of 2026 stands disposed of. No costs. 14. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Om Narayan Rai, J.)