19.01.2026.

Ct.No.24.

as WPA 949 of 2026 Samiran Roy Vs.

The Chief Judicial Magistrate, South 24-Paraganas, Alipore & Ors.

Mr. Ritoban Sarkar, Ms. Subarnarekha Misra, Mr. Sattik Rout, Ms. Sudeshna Maji. …for the Petitioner.

Ms. Jayati Chowdhury, Ms. Reshmi Singhee, Ms. M. Chowdhury, Ms. Sucheta Mityra.

…for the Respondent no.2.

Ms. Roshni Bothra (VC).

…for the UOI.

1. This matter is taken up from the urgent determination assigned to this Bench for the day.

2. The petitioner’s grievance is that the loan account of the petitioner has been declared as a non-performing asset in utter disregard and violation of the circular issued by the Reserve Bank of India relating to declaration of secured assets as “non-performing assets”.

3. Mr. Sarkar, learned Advocate appearing for the petitioner submits that an application under Section 17 of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the said Act), has been filed and is pending before the Debts Recovery Tribunal-III, Kolkata. 4. The petitioner has been served with a possession notice under Rule 8(1) of the Security Interests Rules.

5. Ms. Chowdhury, learned Advo