Authority: West Bengal High Court

Order Date: 22.09.2026

Case Overview

  • Petition: WPA 25968 of 2026 filed by Suman Saha against the State of West Bengal and others, including Punjab National Bank (respondent no. 3).
  • Background: The petitioner, lacking a residential house, participated in an auction conducted by the bank for a secured asset, emerged as the successful bidder, deposited the entire bid amount within the stipulated time, and received a sale certificate in his favour.
  • The borrower (original loan holder) challenged the bank’s action under Section 13(4) of the SARFAESI Act before the Debts Recovery Tribunal; the DRT dismissed the application on 31 July 2025.
  • The borrower subsequently filed writ petition WPA 24257 2025, disposed on 13 January 2026; an intra‑court appeal (FMA 348 2026) against that order was dismissed by a Division Bench on 12 August 2026.
  • The bank, invoking Section 14 of the SARFAESI Act, sought physical possession of the secured asset. The District Magistrate deputed the Sub‑Divisional Officer, Barasat Sub‑Division, to take possession and directed the bank to deposit costs for police assistance. The bank deposited the amount but did not follow up to take actual possession, prompting the present writ petition.
  • Respondent no. 3 (PNB) states it has deposited the police‑assistance costs, is ready to hand over possession to the petitioner, and seeks direction for respondent no. 2 (the District Magistrate) to expedite the possession process.

Final Outcome

  • The Court orders respondent no. 2 to complete the process of taking over physical possession of the secured asset and to hand over the property, together with all related documents, to the secured creditor (PNB) within six weeks from receipt of a copy of this order.
  • Upon completion of that handover to the bank, the bank must deliver the actual physical possession of the property to the petitioner within seven days.
  • No order as to costs is made.
  • Since respondents have not filed affidavits, the allegations in the writ petition are deemed not admitted.
  • An urgent photostat certified copy of the order shall be made available to the parties upon compliance with usual formalities.

Topics: Court Order, Secured Asset Transfer, Banking