SUBRATA KUMAR GHOSE Vs. RITES LIMITED

JUDGEMENT

(1.) This intra-court appeal is directed against the order of the learned Single Judge dtd. 23/2/2023 whereby WPA 23541 of 2022 has been disposed of with a direction to the police authorities respondent nos.2, 3 and 5 therein to hand over physical possession of the secured asset/the property in question to the State Bank of India by arranging sufficient police force at 2.00 p.m. on 28/2/2023.

(2.) The record reflects that the respondent no.1 herein had filed WPO 2635 of 2022 with the plea that the appellant was the borrower and who had committed default in repayment therefore the proceedings under the SARFAESI Act were initiated and an application was made on 16/7/2014 for taking possession of the secured asset by the bank under Sec. 14 of the Act. The District Magistrate, South 24 parganas had passed the order dtd. 10/3/2017 under Sec. 14 of the Act. The plea was taken that though the bank had approached the police authorities repeatedly seeking police assistance to take the possession but with no successful result. Hence, a prayer was made in the writ petition to direct the concerned police authorities for compliance of Sec. 14 orders on priority basis. The said prayer has been allowed by the learned Single Judge.

(3.) Submission of learned counsel for the appellant/borrower is that in terms of the proviso to Sec. 14 of the SARFAESI Act a Magistrate is required to pass order within the period of 60 days and the said order was not passed within that period and there was a delay in passing the order. Therefore, it cannot be enforced and that before the learned Single Judge adequate opportunity was not given to the appellants. Opposing the prayer, learned counsel for the respondent bank has submitted that though a sum of Rs.2,63,669.00 was deposited by the bank as police cost on 9/10/2018 but no action was taken and that before the learned Single Judge the appellant was given sufficient opportunity.