JUDGMENT :

T.S. Sivagnanam, J.

1. We have heard Mr. Jaidip Kar, Learned Senior Advocate assisted by Mr. Anirban Pramanick and Mr. Punarbasu Nath advocates for the appellant and Mr. Suddhasatva Banerjee, assisted by Mr. Ishaan Saha, Ms. Sananda Ganguly and Mr. Shubradip Roy, advocates for the respondent.

2. The Stressed Assets Management Branch of the State Bank of India, Kolkata is aggrieved by the order dated 27.09.2023 passed in WPO No. 1609 of 2023 filed by the respondents 1 and 2 herein.

3. The respondent writ petitioners prayed for issuance of a writ of certiorari to set aside the decision of the appellant in withholding the title deeds of the property owned by the writ petitioners and demand for a sum of Rs. 8,64,15,886.12 ps in respect of credit facilities including setting aside the notices dated 17.07.2023 and 28.07.2023 issued under Section 13(2) of the SARFAESI Act.

4. M/s Duncans Industries Limited (hereinafter referred to as the borrower) availed credit facilities from the third respondent herein. The credit facilities were renewed/ restructured during 2013. The third respondent bank called upon the borrower to provide additional/replacement of security and the borrowe