Authority: High Court at Calcutta, Special Civil Jurisdiction (Appellate Side)
Order Date: 30.09.2026
Case Overview
- Petitioners: Punjab National Bank & others; Respondents: State of West Bengal & others, including Superintendent of Police, Bankura (respondent 3) and Officer‑in‑Charge, Barjora Police Station (respondent 7).
- The petition sought direction for police assistance to implement the District Magistrate, Bankura’s order dated 27 Nov 2024 under Section 14 of the SARFAESI Act, enabling the bank to take physical possession of secured assets.
- Petitioners had earlier taken possession under Section 13(4)(a) and sold the assets by auction; subsequently they approached the District Magistrate for assistance under Section 14.
- Private respondents argued that a pending application before the Debts Recovery Tribunal (DRT) No. 2, Kolkata – SA 40 of 2025 under Section 17(1) would become infructuous if the magistrate’s order were executed.
- The Court noted that a coordinate Bench dismissed a related writ petition (WPA 15323 of 2025) on 28 Aug 2026, allowing the borrower to raise all points before the DRT.
- The Court referenced the Division Bench judgment in Arpita Debnath & Anr. Vs. UCO Bank & Ors. (FMA 309 of 2022, order dated 22 Jul 2025), observing that proceedings under Section 14 are independent of those under Section 17.
Final Outcome
- The Superintendent of Police, Bankura and the Officer‑in‑Charge, Barjora Police Station are directed to provide the necessary assistance to the petitioners within a fortnight from the date of this order for implementation of the 27 Nov 2024 magistrate’s order.
- The writ petition is disposed of.
- After the order was pronounced, private respondents prayed for a stay of its operation; the Court refused the prayer.
- All parties are directed to act on the server copy of the judgment downloaded from the official website of the Court.
Topics: SARFAESI Enforcement, Police Assistance, Banking Regulation