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Calcutta High Court · body

2026 DAILYLAW 7471 (CAL)

ICICI HOME FINANCE COMPANY LIMITED v. AMIR HOSSAIN AND ORS

CRR/1429/2026 · 2026-04-10

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09. Ct.29 CRR 1429 of 2026 10.04.2026 Bd. ICICI Home Finance Company Limited -vs- Amir Hossain Mistri & Ors. Mr. Ishita Ghosh … for the petitioner The present application has been preferred seeking expeditious disposal of the application filed under section 14(1) of the SARFAESI Act, pending before learned ACJM 1, Baruipur, being Misc. Case No. 103 of 2025. It is submitted on behalf of the petitioner that secured creditor filed an application under section 14(1) of the SARFAESI Act, seeking assistance for taking physical possession of the secured asset. The said application was filed on 03.09.2025. He further submits that section 14 proceedings are summary in nature and undue delay frustrates the object of the SARFAESI Act, which is meant for expeditious enforcement of security interest if required. Therefore the petitioner has prayed for a direction upon the court below for expeditious disposal of the said application. Having heard learned counsel for the petitioner, and that the prayer made by the petitioner is innocuous and, if it is allowed in terms of the prayer made in the petition, the opposite parties will have no cause to prejudice and as such, service of copy of application upon the opposite parties is dispensed with. 2 Having heard learned counsel for the petitioner and that the prayer made on behalf of the petitioner is justified, as such it is required to be allowed for securing the ends of justice. In such view of the matter, the instant application being CRR 1429 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour to dispose of the said application filed under section 14(1) of the SARFAESI Act by the secured creditor and to make his best effort to conclude the hearing preferably within a period of thirty days from the next date of hearing. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)