D/L 16 v. The State of West Bengal & Ors.
Case at a glance
- Bench
- AMRITA SINHA
Outcome
Dismissed
The writ petition stands dismissed
Provisions considered
- SARFAESI Act, 2002 s. 14
Judgment
Mr. Bidyut Kr. Halder Mr. Indranil Halder Ms. Soni Ojha Ms. Sambrita B. Chatterjee … for the Petitioners. … for the Bank.
Affidavit of service filed in Court today is taken on record.
The petitioners are aggrieved by the steps taken by the District Magistrate, Howrah under Section 14 of the SARFAESI Act,
The Bank approached the District Magistrate, Howrah seeking assistance to take possession of the secured asset.
The petitioners submit that, the District Magistrate passed an ex parte order without granting any opportunity of hearing to the petitioners who are the borrowers of the loan.
Section 17 of the SARFAESI Act provides necessary relief to an aggrieved party in case the bank or the financial institution takes any measure to recover the loan.
It will be open for the petitioners to approach the competent forum, for relief, if so advised.
Operative part
The writ petition stands dismissed.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities. (Amrita Sinha, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition stands dismissed
Which statutory provisions did this judgment involve?
SARFAESI Act, 2002 — s. 14.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.