(1) The petitioner raises an interesting question relating to Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner says that notwithstanding the expression "any person" appearing in sub-section (1) of Section 17, it would appear from sub-section (3) thereof that it is only a borrower, within the definition of the said Act, who may effectively exercise the right of appeal under Section 17 of the Act.

(2) The petitioner claims to be the owner of a land at premises No. 384/1, Sahara Sukanta Nagar within the Madhyamgram Municipality near the airport. The petitioner says that the land measuring 4 cottah and a bit had been gifted by her brother under a registered document. The land has apparently been mutated in favour of the petitioner by the Madhyamgram Municipality and the petitioner has put up a building thereat upon obtaining due sanction of a plan therefor. The G + 2 building has five flats and two shop rooms. It appears from the petition that there must have been a development agreement as the petitioner refers to one flat on the second floor as being the owners allocation. The petitioner