Authority: Calcutta High Court, Division Bench
Order Date: 07 July 2026
Case Overview
- Petitioners: M/s. Surekalna Agro Private Limited & Ors.; Respondents: The State of West Bengal & Ors., Indian Bank.
- Petitioners allege that Indian Bank has grossly inflated their loan outstandings and issued a Memorandum dated 11 June 2026 to take possession of mortgaged properties.
- Superintendent of Police, Purba Bardhaman issued a Memorandum dated 23 June 2026 (CAN 1 of 2026) to provide police assistance for possession on 8 July 2026.
- Petitioners filed an application before Debts Recovery Tribunal‑I, Kolkata (DRT‑I) on 3 July 2026 (IA No. 2074 of 2026) seeking a stay of the police and bank action; the Tribunal has not yet fixed a hearing date.
- The High Court notes that the main application (TSA No. 02 of 2019) was heard and reserved for judgment on 19 June 2026.
Final Outcome
- The Presiding Officer of DRT‑I, Kolkata, is directed to take up the stay application (Memorandum No. 3619/E/CA‑II/SARFAESI/F‑06‑26 dated 23 June 2026) and decide on it by 15 July 2026.
- DRT‑I must dispose of the entire matter by 31 July 2026 without granting any adjournments.
- Until 15 July 2026, Indian Bank and the police are restrained by an injunction from taking actual physical possession of the mortgaged properties without explicit leave of the Tribunal.
- If DRT‑I decides in favour of the bank, the bank may proceed to take possession only after notifying the petitioners of the intended possession date and without issuing further memorandums.
- The High Court expects the pending TSA No. 02 of 2019 application to be disposed of expeditiously, preferably by 31 July 2026.
- No order as to costs.
- Parties may obtain an urgent certified copy of the order upon undertaking.
Topics: Injunction, Debt Recovery Tribunal, SARFAESI