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2024 Supreme(Cal) 620

TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Atanu Mondal – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Sucharita Roy, Ms. Jhuma Sen, Ms. Trisha Saha, Mr. Dinesh Vishwakarma.
For the Respondent: Mr. Amal Kumar Sen, Ld. A.G.P., Mr. Lal Mohan Basu.

JUDGMENT :

Tapabrata Chakraborty, J.

1. The present appeal has been preferred challenging an order dated 12th March, 2019 passed in a writ petition being WP No. 2600 (W) of 2019.

2. Shorn of unnecessary details, the facts are that one Sujit Dutta along with one Subhajit Dutta mortgaged all that part and parcel of the property consisting of entire commercial land & building on Burdwan Kalna Road covering land area of 9.00 decimal and building area of 5689 square feet (hereinafter referred to as the said property) with the United Bank of India, Burdwan Branch (hereinafter referred to as the bank) for obtaining financial facility of Rs.40,38,106/-. As they subsequently failed to repay the loan, the bank took possession of the said property by invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act). The writ petitioner/appellant herein, namely, Atanu Mondal (in short, Atanu) participated in the auction conducted by the bank and emerged to be highest bidder. Upon payment of the bid amount of Rs.39,00,000/-, sale certificate was issued by the Authorised Officer (hereinaf

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