Authority: High Court (Court No. 12 GB)
Order Date: 24 June 2026
Case Overview
- Parties: Appellant Abdul Hannan Sardar (also referred to as Abdul Hannan Molla) vs. State Bank of India and others.
- The appeal stems from a writ petition filed by an auction purchaser seeking possession of a secured asset; the appellant was impleaded by consent between the auction purchaser and the bank.
- An interim order of the Debts Recovery Tribunal‑III, Kolkata restraining SBI from confirming the sale or handing over the sale certificate to the auction purchaser was in force and repeatedly extended; this order was not produced before the writ court.
- The writ court had earlier directed police to take possession of the premises; the police, based on that order, placed possession with the bank, and the borrower and tenants vacated.
- The bank argued that the DRT order still subsisted and that the sale certificate had been issued in 2019, but the bank had not sought to vacate or clarify the DRT order.
- The court observed that the appellant, as a necessary party, should have been given an opportunity to make submissions before the mandatory possession order was passed.
Final Outcome
- The impugned writ order directing police possession is set aside.
- The police are directed to restore possession of the premises to the appellant Abdul Hannan Sardar and his family members only; no third‑party interest may be created.
- The identity of persons taking back possession shall be verified by police, with a report filed before the court.
- The bank may retain symbolic possession, but the appellant shall not induct any third party.
- The appeal and the connected application are disposed of.
- Parties may obtain a certified Xerox copy of the order upon compliance with necessary formalities.
Topics: Possession Dispute, Banking Litigation