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2025 Supreme(Online)(Cal) 8360

CALCUTTA HIGH COURT
PROSENJIT SEN – Appellant
Versus
STATE BANK OF INDIA AND ANR – Respondent


IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Before:

The Hon’ble Justice Hiranmay Bhattacharyya C.O. 1354 of 2025 Prosenjit Sen Vs.

State Bank of India & Anr.

For the Petitioner : Mr. Bijoy Adhikary Mr. Supriyo Ghosh Ms. Susmita Adhikary Ms. Ashis Bhukta ….. advocates For the Opposite Party : Mr. Debasish Saha Mr. Sanjoy Ghosh Mr. Avirup Roy Sanyal Ms. Sucheta Pal …advocates Reserved on : 14.05.2025 Judgment on : 25.06.2025 Hiranmay Bhattacharyya, J.:-

1. This application under Article 227 of the Constitution of India is at the instance of the borrower and is directed against an order being No. 03 dated November 22, 2024 passed by the learned Debts Recovery Tribunal-III (for short “DRT”) in I.A. No. 3743 of 2024 arising out of S.A. No. 366 of 2024.

2. By the order impugned, DRT disposed of the I.A. No. 3743 of 2024 upon holding that there is no illegality, irregularity or impropriety in the order dated 02.08.2024 passed by the District Magistrate under Section 14 of the Securitisation Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”).

3. State Bank of India (for short “SBI”) sanctioned a Term Loan fa

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