Extracted from the PDF above. The PDF is authoritative.
04/02 2026
AD-06/24 266312 NANDY
(DIISPOSED OF)
In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side
WPA 2525 of 2026
PRITI MITRA VS.
PUNJAB NATIONAL BANK & ORS.
Mr. Souveek Ray, Advocate Mr. Sayak Ranjan Ganguly, Advocate Ms. Srijani Ghosh, Advocate Ms. Ankita Jha, Advocate …...for the Petitioner Ms. Parna Roy Choudhury, Advocate Ms. Trisa Chanda, Advocate ……for the Punjab National Bank
1. The petitioner is aggrieved that the flat which has been conveyed in favour of the petitioner and never mortgaged to the Bank for any financial accommodation was being pursued by the Bank under The Securitization and Reconstruction of Financial Assets and Enforcement of Security Act, 2002 (hereinafter, the said Act).
2. The petitioner had urgently approached this Court, in which an order was passed on 30.01.2026 directing the respondent-bank to hand over related documents, thus, facilitating the petitioner’s right to challenge the acts of commission and/or omission of the Bank, if any.
3. Ms. Roy Choudhury, learned Advocate appearing for the Bank has handed over certain documents to Mr. Ganguly, learned Advocate appearing for the petitioner in Court today. She submits that the deed of mortgage between the bank and the developer (respondent nos. 7 & 8) was executed prior to the deed of conveyance between the developer and the petitioner.
4. The petitioner is at liberty to approach the appropriate forum to challenge such action of the Bank, if so advised.
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5. However, prima facie, since it appears that the petitioner is neither a borrower nor a guarantor, the protection afforded on 30.01.2026, is extended till
20.02.2026.
6. The Bank will be at liberty to execute the order of the Chief Judicial Magistrate passed on 13.01.2026, if the petitioner is unable to obtain necessary orders of protection by 20.02.2026.
7. With the afore-stated directions, WPA 2525 of 2026 is disposed of without any order as to costs.
(Reetobroto Kumar Mitra, J.)