Authority: Calcutta High Court, Circuit Bench at Jalpaiguri
Order Date: 20 July 2025
Case Overview
- Petitioner: ICICI Home Finance Company Limited, a secured creditor, filed WPA 901 of 2026 against the State of West Bengal and other respondents.
- Respondents: State of West Bengal (represented by the Advocate General), and private respondents Mr. Milindo Paul, Mr. Nabankur Paul, Ms. Bedashruti Bose, who did not appear despite service of process.
- The petitioner invoked Section 14 of the SARFAESI Act, 2002 before the Additional Chief Judicial Magistrate (ACJM), Siliguri, which on 26 June 2025 ordered the appointment of an Advocate Commissioner to take physical possession of the secured assets and forwarded the order to the Officer‑in‑Charge, Naxalbari Police Station.
- The petitioner reported that, despite several representations to police authorities, no effective assistance was provided. A letter dated 7 July 2026 informed the petitioner of per‑day costs for police personnel, but the total cost remained unquantified, preventing the petitioner from depositing the required amount.
Final Outcome
- The Court directed the Officer‑in‑Charge, Naxalbari Police Station (4th respondent) to assess and communicate the total police cost needed for execution of the 26 June 2025 order within two weeks of receipt of a server copy of this order.
- Upon deposit of the assessed police cost by the petitioner, the police must inform both the petitioner and the Advocate Commissioner of the execution date, which must be fixed within three weeks of the cost deposit.
- The writ petition is disposed of with these directions.
Topics: SARFAESI Enforcement, Police Cost Assessment