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2025 Supreme(Online)(Cal) 3672

IN THE HIGH COURT AT CALCUTTA
Debangsu Basak, Md. Shabbar Rashidi, JJ
VIJAY PRAKASH BOHRA – Appellant
Versus
STATE OF WEST BENGAL AND ORS. – Respondent


Advocates:
For the Appellant: Mr. Rishad Medosa, Mr. Deepan Kumar Sarkar, Ms. Deepti Priya, Mr. Ramendu Agarwal
For the Respondents: Mr. Debahis Saha, Ms. Rashmi Bothra, Mr. Kanishk Kejriwal, Ms. Arushi Rathore, Mr. Pritam Roy

Table of Content
1. appeal directed against a prior order. (Para 1 , 2)
2. ownership right in secured property. (Para 3 , 4)
3. authority of district magistrate in possession matters. (Para 5 , 15)
4. secured creditor's right post-sale. (Para 6 , 12)
5. legal implications of injunction on property. (Para 7 , 8)
6. preservation of purchaser's rights regarding property. (Para 16 , 19)

1. Appeal is directed against an order dated August 18, 2025 passed in WPA 11575 of 2025.

2. Appeal is at the behest of private respondent in the writ petition.

3. Learned advocate appearing for the appellant submits that the appellant purchased an immovable property in a proceeding under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 . He submits that actual physical possession of such immovable property was not made over to the appellant by the Bank.

4. Learned advocate for the appellant submits that the Bank filed an application under Section 14 of the Act of 2002 on February 18, 2016. Such application was dismissed by the jurisdictional District Magistrate by an order dated March 27, 2025.

5. Learned advocate appearing for the appellant submits that,

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