DEBASREE DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Mandamus Appeal is at the instance of an unsuccessful writ petitioner and is directed against an order dated July 6, 2010, passed by a learned Single Judge of this Court by which His Lordship dismissed the writ application with a finding that IDBI Home Finance Ltd., one of the respondents, took possession of the property in question in exercise of its statutory right as the secured creditor under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the Act) and as such, the remedy of the writ petitioner lay before the Debt Recovery Tribunal under Section 17 of the Act.

(2.) Being dissatisfied, the writ-petitioner has come up with the present mandamus appeal.

(3.) According to the writ petitioner, one Uttam Mondal took loan from the Manager HSBC Ltd. for purchasing the flat in question at the ground floor of premises No. 9A Canal Road from one Debasis Roy, the owner of the flat and a deed was also registered in favour of the said person by the owner-vendor of the said flat on 28th July, 2004. The said Uttam Mondal having failed to repay the loan, the concerned Bank issued a demand notice under Section 13 of the Act and ultimately, took possession of the said flat in exercise of power conferred under Section 13(4) of the Act as the said flat was mortgaged with HSBC Ltd. as condition of loan. The notice of taking possession was also published in the news papers, viz. Hindustan Times and Ajkal.