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2025 Supreme(Online)(Cal) 4066

CALCUTTA HIGH COURT
Partha Sarathi Chatterjee, J
Shankar Ranjan Das – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Dilip Kumar Maity, Mr. Sandip Maity
For the Respondents:

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. The present writ petition has been preferred primarily praying for the following relief:

“(a) A Writ in the nature of Mandamus commanding the respondent authorities, particularly the respondent No. 2 herein to dispose of the rejoinder dated 22.04.2022 of the petitioner treating Under Section 13 (3A) of the Securatisation and Reconstruction of Financial Assets of Security Interest Act, 2002, within a reasonable time.”

3. Mr. Maity, learned Advocate appearing for the petitioner, submits that the petitioner and Private Respondent No. 6 were granted a loan secured by creating collateral over certain agricultural lands. Due to their failure to repay the loan, proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ’SARFAESI Act, 2002’)

were initiated against the petitioner.

4. He further submits that the Bank issued a notice under Section 13 (2) of the SARFAESI Act, 2002, followed by a notice under Section 13 (4) of the said Act. Subsequently, possession of the mortgaged land was taken by invoking the provisions

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