Authority: Kolkata High Court
Order Date: 22 September 2026
Case Overview
- Petitioners: Cholamandalam Investment and Finance Company Limited and another, represented by advocates Sayak Ranjan Ganguly and Srijani Ghosh.
- Respondents: State of West Bengal and others, including West Bengal Housing Board (Respondent No.2) and Respondent No.3 (unnamed authority), represented by advocates Piush Chaturvedi and Tarun Kumar Das.
- The dispute concerns leasehold rights over Plot No. 1028, Sub‑Plot Scheme 42A, Premises No. 1050/134/1, Survey Park, Kolkata Municipal Corporation, Ward 109.
- Original lease deed dated 21 September 1994 granted lease to Smt. Suparna Barman, who assigned it to Smt. Kiron Lata Mondal (Respondent 4). Mondal obtained a Loan Against Property (LAP) from Tata Capital Housing Finance Limited, later assigned to Indiabulls Housing Finance Limited, and subsequently taken over by the petitioners on 16 August 2019. Respondent 4 defaulted, leading to SARFAESI action and possession taken on 17 January 2026 under Section 14 of the SARFAESI Act.
- Petitioners seek a writ of mandamus directing Respondents 2 and 3 to recognize and permit transfer/assignment of the leasehold rights to the eventual auction purchaser. They submitted a representation to Respondent 2 on 29 June 2026, which remained unanswered.
Final Outcome
- The Court orders Respondent 3 to consider the petitioners’ representation dated 29 June 2026, afford a personal hearing to the petitioners and Respondents 4‑7, and issue a reasoned decision within eight weeks of receipt of the order copy.
- The Court does not adjudicate the merits of the petition; all issues remain for Respondent 3 to decide.
- No costs are awarded; respondents’ allegations are deemed unadmitted due to lack of affidavits.
- The order is to be certified and made available to parties upon request.
Topics: Lease Transfer, SARFAESI Proceedings, Court Order