Authority: District Court, D/L Sl-04 Ct. 07
Order Date: 13 August 2026
Case Overview
- Parties: Canara Bank (petitioner) vs. The District Magistrate, Purba Medinipur & Others (respondents), with the Superintendent of Police as respondent No. 3.
- Nature of Proceeding: Writ Petition (WPA 20069 of 2026) seeking enforcement of an order dated 26 February 2026 issued by the Additional Chief Judicial Magistrate, Contai, under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
- Allegations: The petitioner alleged inaction by the police authorities in executing the magistrate’s order to take possession of the property mortgaged with the bank.
- Court’s Observations & Directions:
1. The Superintendent of Police (or any officer deputed) must communicate the cost required for police assistance to the petitioner within one week of the order.
2. Upon the bank depositing the stipulated police costs, the police authorities shall fix an appropriate date, preferably within a week of the deposit, to hand over possession of the secured asset (the mortgaged property) to the petitioner, in accordance with law.
3. The writ petition is disposed of with no costs awarded to either side.
4. An urgent certified copy of the order may be supplied to the parties upon compliance with requisite formalities.
Final Outcome
- WPA 20069 of 2026 is disposed of; the police are directed to act promptly on the magistrate’s order, and no costs are imposed on either party.
Topics: Legal Enforcement, Banking Asset Recovery