Authority: District Court, D/L Sl-07 Ct. 07 (Samar) – Hon'ble Justice Om Narayan Rai

Order Date: 11.08.26 (11 August 2026)

Case Overview

  • Parties: Canara Bank (petitioner) vs. The Chief Judicial Magistrate, Purba Bardhaman & Ors. (respondents).
  • Petitioners' Counsel: Mr. Farooque Ali, Mr. Faizan Md. Zafar.
  • State Counsel: Ms. Debjani Ghosal, Mr. Amit Kumar Roy.
  • Nature of Proceeding: Writ petition alleging that the State authorities failed to provide police assistance to the petitioner bank despite a prior order of the Chief Judicial Magistrate dated 07 March 2026 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
  • Key Background: The petitioner bank had obtained a CJM order directing police assistance for enforcement actions under the SARFAESI Act. After the writ petition was served, the respondent police authority communicated to the bank the costs that would be required for providing the assistance.

Final Outcome

  • The writ petition is disposed with the following directive: the respondent State authorities shall provide adequate police assistance to Canara Bank upon the bank depositing the costs as intimated by the police authority.
  • The assistance is expected to be rendered preferably within a week of the cost deposit.
  • No costs are awarded against the petitioner.
  • An urgent photostat certified copy of this order may be supplied to the parties, subject to compliance with all requisite formalities.

Topics: Police Assistance; SARFAESI Enforcement