Authority: Court No. 12, West Bengal High Court
Order Date: 24 August 2026
Case Overview
- Parties: Appellant – Phoenix ARC Private Limited; Respondents – State of West Bengal and others.
- Counsel: Ms. Aparajita Rao appeared for the appellant; Mr. Niladri Saha for the State; Mr. Dipendu Sarkar for respondents No. 4‑6.
- Background: The appellant sought a writ directing the State administration to assist a bank in taking possession of a secured asset, relying on an order of the District Magistrate issued under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
- Impugned Order: The lower court directed the bank to amicably settle the issue with the borrower, which the appellant challenged as exceeding jurisdiction.
Final Outcome
- The court held the impugned order contrary to law and set it aside, stating that the writ court could at most reject the bank’s prayer and could not direct an amicable settlement.
- The appeal and the connected application were disposed of.
- Liberty was granted to the appellant to mention the matter for immediate disposal of the writ petition on the basis of the prayers.
- An urgent photostat certified copy of the order may be provided to the parties upon application, subject to the usual undertakings.
Topics: Legal Judgment, Secured Asset Enforcement