Pradip, A.R.(Ct.) v. The District Magistrate, North 24 Parganas & Ors.
Case at a glance
- Bench
- AMRITA SINHA
Outcome
Disposed of
The writ petition stands disposed of
Provisions considered
- SARFAESI Act, 2002 s. 14
Key paragraphs
- Para 44. As the District Magistrate will be the authority to execute its own order, accordingly, the District Magistrate, North 24 Parganas is directed to engage some other Executive Magistrate for taking possession in terms of the order passed on 4th December, 2023.
Judgment
In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 12836 of 2025 In the matter of : Canara Bank VS. …. Petitioner The District Magistrate, North 24 Parganas & Ors. ….Respondents For the Petitioner: Mr. Farooque Ali ….Advocate
Affidavit of service filed in Court today is taken on record.
The petitioner-Bank seeks implementation of the order dated 4th December, 2023 passed by the District Magistrate, North 24 Parganas under Section 14 of the SARFAESI Act,
The Executive Magistrate engaged for taking physical possession of the secured asset has been transferred for which the order has not been implemented till date.
As the District Magistrate will be the authority to execute its own order, accordingly, the District Magistrate, North 24 Parganas is directed to engage some other Executive Magistrate for taking possession in terms of the order passed on 4th December, 2023.
Operative part
The writ petition stands disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all 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 disposed of
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.