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2026 DAILYLAW 41590 (CAL)

STATE BANK OF INDIA AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/25861/2026 · 2026-09-18

Om Narayan Rai

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C o u r t N . 2 2 S l 1 5 1 / C L 18.09.26 D/L Sl-06 Ct. 07 (Samar) WPA 25861 of 2026 State Bank of India & Anr. Vs. The State of West Bengal & Ors. Mr. Debashis Saha, ….for the petitioners. Mr. Falguni Bandyopadhyay, Ms. Sarda Sha, ….for the State. 1. Affidavit of service filed in Court today is taken on record. 2. The petitioner Bank is aggrieved by the non consideration of the Bank’s representation dated May 22, 2026 made before the District Magistrate, Howrah in connection with an application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 3. The Bank had filed an application under Section 14 of the 2002 Act which has been disposed of by the District Magistrate by passing an order dated January 25, 2017. By the said order the District Magistrate directed the Superintendent of Police, Howrah to provide Police Assistance to the Bank for taking the possession of the secured assets but did not nominate any authority for the purpose of taking possession and handing over the same to the Bank in terms of Section 14(1A) of the 2002 Act. Accordingly, the Bank made a representation dated 2 May 22, 2026 before the District Magistrate requesting the District Magistrate to depute an Executive Magistrate who could take possession of the secured assets on behalf of the District Magistrate and handover the same to the secured creditor i.e. the petitioner Bank. 4. It is contended that the said application has been left unconsidered by the District Magistrate since long. 5. Having heard the learned advocates appearing for the respective parties and having considered the material on record, this writ petition is disposed of by directing the learned District Magistrate, Howrah to dispose of the petitioner’s representation dated May 22, 2026 which forms annexure P-5 to the writ petition at pages 37 and 38 thereof and dispose of the same in accordance with law, as expeditiously as possible, and preferably within a period of two months from the date of communication of this order, in accordance with law. 6. Accordingly, WPA 25861 of 2026 stands disposed of. No Costs. 7. 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.) 3