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2014 Supreme(Cal) 316

DIPANKAR DATTA
Vision Comptech Integrators Ltd. – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Surajit Nath Mitra, Senior Advocate, Mr. N. Srinivas, Advocate, Mr. S.N. Pandey, Advocate.
For the Respondents:Mr. Shamit Sanyal, Advocate, Ms. Shahana Naznin, Advocate.

JUDGMENT

Dipankar Datta, J.

1. The case pleaded in this writ petition dated June 3, 2014 is this. The property at 14, Elias Road, Agarpara, Khardah, 24 Parganas (North) (hereafter the said property) was mortgaged by the third respondent as security for obtaining loans from the first respondent (hereafter the bank) for the fourth respondent. Failure of the third and the fourth respondents to repay the dues of the bank having occasioned, it has proceeded against them in terms of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the Act). A notice dated May 9, 2014 inviting offers from interested purchasers has been issued by the bank in terms of Rule 8 of the Security Interest (Enforcement) Rules (hereafter the Rules), whereby the said property has been put for sale on “as is where is” basis and such sale is fixed on June 23, 2014. The petitioner is a bona fide tenant under the third respondent, having been inducted in a portion of the said property in 2003 prior to creation of the mortgage in 2007. A suit instituted by the petitioner against the third respondent for declaration and permanent injunct

































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