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DIPANKAR DATTA
Mahendra Mahato – Appellant
Versus
Central Bank of India – Respondent


Advocate Appeared:
For the Petitioners:Amales Roy and Mousumi Bhowal, Advocates
For the Respondents:Bishwambher Jha, Advocate

JUDGMENT :

Dipankar Datta, J.

By filing this writ petition, the petitioners seek orders on the Central Bank of India (the first respondent) and four of its officers, who are the other respondents, to discharge their obligation in terms of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the SARFAESI Act) of handing over possession of a secured asset to the petitioners which had been put up for sale by auction and has since been purchased by them.

2. The basic facts giving rise to the writ petition are not in dispute. The third respondent, being the authorised officer of the first respondent, had published an auction notice dated April 12, 2012 in exercise of power conferred by Rules 8(6) and 9(1) of the Security Interest (Enforcement) Rules 2002 (hereafter the 2002 Rules) putting up various properties (secured assets) for sale. Such properties, inter alia, included a 3-storied residential cum commercial building known as Medilife, located in Ward No. 6 of Siliguri Municipal Corporation, P.O. and P.S. Siliguri, District Darjeeling together with such area of vacant land as delineated in the notice. The









































































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