CHHABI KAR RAY Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner claims to be the owner of 139 Sq. ft. car parking space at 75, Kali Kumar Mazumdar, Kolkata ' 700 075. It is submitted that the respondent-Bank illegally took possession of the said property of the petitioner pursuant to an order under Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act') although the petitioner is in no way connected with the loan and/or the borrower. Learned counsel places reliance on the title deeds annexed to the writ petition in support of such contention.

(2.) When the petitioner wrote to the Bank, the Bank gave a reply on August 23, 2023, annexed as Annexure P-8 at page 109 of the writ petition. Learned counsel points out that the Bank admitted that the Bank, as secured creditor, took physical possession of 148 Sq. ft. on the ground floor on the concerned building and that the property and deed of conveyance the petitioner referred to in her notice is distinct from the secured assets of the bank and not the same property. It is, thus, argued that in view of such admission, the action of the Bank in taking possession of the petitioner's property and putting the same to auction sale are palpably bad in law and de hors all norms of natural justice.

(3.) Learned counsel for the petitioner argues that the secured assets are required to be well-demarcated and defined. The affidavit in a proceeding under Sec. 14 of the SARFAESI Act is required to disclose the exact description of the property, including all demarcations. A partition cannot be effected by way of an order passed under the said provision.