Cholamandalam Investment & Finance Company Limited. Vs State of West Bengal & Ors. (Calcutta High Court)
The petitioner stated that although an order under Section 14 of the SARFAESI Act was passed on June 10, 2025, the authorities had not taken steps to hand over possession of the secured property, despite all required payments having been made. The State explained that the delay occurred because the Executive Magistrate responsible for execution had been transferred, but the District Magistrate would now authorize appropriate personnel to carry out the order.
The Court directed the concerned authority (respondent no. 2) to immediately take steps to execute the June 10, 2025 order and hand over possession to the petitioner within four weeks, after giving notice. The writ petition was disposed of with these directions, with no order as to costs. Provision was also made for urgent certified copies of the order if sought by the parties.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
1. Affidavit of service, as filed, be kept with the record.
2. The petitioner alleges that the respondent no. 2, in spite of passing an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act) on 10.06.2025, has not taken any step to hand over the possession of the property to the concerned petitioner. The petitioner submits that all requisite payments for the process of taking possession and handing over the same to the petitioner has been made.
