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2014 Supreme(Cal) 128

DIPANKAR DATTA
Akhil Bandhu Saha – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Petitioner:Pratik Dhar, Goutam Dey, Ritwik Pattanayak, S. Nandi, Samir Halder, Pappu Adhikari, Advocates. For the Respondents:R1 to R3, Pratik Prakash Banerjee, Jr. Standing Counsel, Subhabrata Datta, R5, Gargi Mukherjee, R6, Mousumi Bhattacharya, Sohini Chakraborty, R7, Partha Sarathi Sengupta, Koushik Gupta, R8, Sudeep Pal Chowdhury, Advocates.
For the Union of India:S. Sarkar, Sr. Central Govt. Advocate, Manoj Malhotra, Advocate.

Judgment :

1. The petitioner invoked the writ jurisdiction of this Court feeling aggrieved by measures taken by the Branch Manager, State Bank of India, Ektiasal Branch, respondent no. 8, in terms of provisions contained in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the SARFAESI Act). The writ petition was dismissed on September 24, 2004, reserving the liberty of the petitioner to apply before the tribunal under Section 17 of the SARFAESI Act. However, the bank was directed to release the household articles of the petitioner. Several contempt proceedings followed thereafter initiated by the petitioner, but the same were disposed of without granting effective relief to him.

2. A second round of litigation started with the presentation of a further writ petition. That was dismissed on July 4, 2008 on the ground that the earlier writ petition had been dismissed with liberty to the petitioner to approach the tribunal. The writ appeal preferred against such order was also dismissed on September 25, 2008, granting liberty to the petitioner to seek remedy in accordance with law.

3. A further writ petition, the third


















































































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