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2015 Supreme(Cal) 487

SANJIB BANERJEE
DIMENSION REALTORS PRIVATE LIMITED – Appellant
Versus
DISTRICT MAGISTRATE, NORTH 24 PARGANAS – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr Joy Saha, Adv., Mr Shubojit Saha, Adv., Mr Zeeshan Haque, Adv.
For the Respondent: Mr Maloy Kr Ghosh, Sr Adv., Nos. 1& 2: Mr Basudeb Mukherjee, Adv., Mr S. Bhagat, Adv.
For the Respondent Mr Jayanta Mitra, Advocate General, Nos.4 & 5: Mr Prasenjit Basu, Adv., Mr Parikshit Basu, Adv.

JUDGMENT :

SANJIB BANERJEE, J.

After the statute has baffled many a court to express divergent views, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act in its amended form in Section 14 thereof falls for consideration.

2. The immediate grievance of the petitioners is in the District Magistrate, North 24-Parganas having passed an order on May 29, 2015 by which the district superintendent of police has been requested “to provide police assistance to the secured creditors for taking possession of the secured assets …” The schedule of assets is appended to the order of the District Magistrate of May 29, 2015.

3. The secured creditor, the second respondent herein, issued a notice to the first petitioner under Section 13(2) of the said Act of 2002 for the alleged failure of the first petitioner to repay a debt due of about Rs.11 crore. Such notice was issued on November 27, 2014, to which the first petitioner replied on January 19, 2015. The grounds cited by the first petitioner were rejected by the secured creditor’s letter of February 23, 2015. The petitioners say that in apprehension of the measures that the secured creditor may resort to u






































































































































































































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