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2026 DAILYLAW 43543 (CAL)

PRAMILA MOHANTA v. STATE BANK OF INDIA AND ORS

CO/152/2026 · 2026-09-23

Hiranmay Bhattacharyya

body2026

Judgment text

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Sl.1 23.09.2026 Court No.6 BP In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. 152 of 2026 Pramila Mohanta -versus- State Bank of India & Ors. Ms. Manju Agarwal Ms. Anju Manot ..for the petitioner This matter was mentioned by the learned advocate for the petitioner citing grave urgency. Considering the urgency pleaded this matter was directed to be listed. This application under Article 227 of the Constitution of India is at the instance of the wife of a borrower and is directed against an order dated 28th August, 2026 passed by the Presiding Officer, Debts Recovery Tribunal, Siliguri in IA No. 957 and 958 of 2026 arising out of SA No. 110 of 2024. After going through the impugned order this Court finds that IA No. 958 of 2026 was filed praying for a direction upon the secured creditor to restore the physical possession. The learned Presiding Officer, Debts Recovery Tribunal, Siliguri after noting that the copy has not been served to the learned counsel for the bank, a direction was passed upon the petitioner to serve a copy of the application upon the bank within three days from 28th 2 August, 2026 and the application was made returnable on 21st September, 2026. The learned counsel appearing for the petitioner submits that the hearing of the said application has been adjourned and the same is fixed for hearing sometimes in the month of December, 2026. She prays for a direction upon the learned Tribunal to prepone the next date of hearing. In view of the order sought and proposed to be passed, there is no necessity to issue notice upon the opposite parties. However, the learned advocate appearing for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or upon the learned advocates representing them before the learned trial judge. C.O. 152 of 2026 stands disposed of by giving liberty to the petitioner to approach the Presiding Officer, Debts Recovery Tribunal, Siliguri for preponement of the next date of hearing. If such an approach is made the learned Tribunal shall consider the same in accordance with law. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)