a &Ca (.7.6 rah ze9 - SARTHAC

a &Ca (.7.6 rah ze9 ADVOCATE CALCUTTA HIGH COURT

Dial : 9239416022 E-mail : mcadvhc@yahoo. corn

Dated : 18.02.2016

To 1. THE LD. GOVERNMENT PLEADER, Appellate Side, High Court at Calcutta.

2. THE DISTRICT MAGISTRATE, North 24 - Parganas, Barasat, having its office at Judicial Munshikhana Department, North 24-Parganas, Barasat, PIN - 700 24.

3. THE ADDITIONAL DISTRICT MAGISTRATE (General), North 24-Parganas, Barasat, having its office at Judicial Munshikhana Department, North 24-Parganas, Barasat, PIN - 700 124.

4. THE SUPERINTENDENT - OF -POLICE, North 24-Parganas, Barasat having his office at Barasat, District : North 24-Parganas, PIN - 700 124.

5. THE INSPECTOR - IN - CHARGE, Habra -Police Station, District : North 24-Parganas, Kolkata - 743263.

6. STATE BANK OF INDIA, Habra (1643), District-North 24-Parganas, West Bengal, Pin - 743263.

7. THE AUTHORIZED OFFICER, Habra (1643), District-North 24-Parganas, West Bengal, Pin - 743263.

Re : W.P. NO.2935 (W) OF 2016;

SRI PRASENJIT SAHA. Petitioner.

-: Versus :-

STATE OF WEST BENGAL 86 ORS. Respondents.

Sir, MY CLIENT : SRI PRASENJIT SAHA.

Please note that the above Writ petition has been filed by me on behalf

of my client.

....CONTD...P/2.

Chamber : 11, Old Post Office Street, 1st Floor, Kolkata - 700 001

00/al ak zethaizlei ADVOCATE CALCUTTA HIGH COURT

Dial : 9239416022 E-mail.: [email protected]

In this connection I send you herewith the copy of the above Writ

petition along with all annexures for your ready reference and record.

Please further note the above matter will appear in the Daily List on

25.02.2016 before Hon'ble Justice Dipankar Datta.

Kindly attend.

Thanking you,

Yours faithfully,

Enclo : As stated above. kal CIn c\ g<c,„_t

(Mitu1Chakrabarty) Advocate.

Chamber 11, Old Post Office Street, 1st Floor, Kolkata - 700 001

DISTRICT NORTH 24-PARGANAS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P. No.2735(W) OF 2016

Subject matter relating to the Securitisation and

Reconstruction of Financial Asset &

Enforcement of Security Interest Act, 2002 (as

amended upto-date) failing under Group IX of

the Classification of List.

CAUSE TITLE

SRI PRASENJIT SAHA.

Petitioner. -: Versus

STATE OF WEST BENGAL Liz, ORS Respondents

Advocate-on-Record

MITUL CHAKRABORTY Advocate

11, Old Post Office Street, 1 si & 3rd Floor, Kolkata - 700 001.

(I)

DISTRICT : NORTH 24-PARGANAS



APPELLATE SIDE

W.P. No.273_6 (W) OF 2016


-: Versus :-


INDEX

Sl. No. Description of Documents Annexures Page No.

1. Writ Application 1 to 18

2. Notice u/ s. 13(2) of the SARFAESI Act,2002 dated 27.10.2011.

3. Death certificate dated 09.11.2010. "P-2"

4. Notice u/s. 13(4) of the SARFAESI "P-3" Act,2002 dated 07.06.2014 issued by the respondent bank.

5. Order dated 05.09.2014 issued by the "P-4" respondent no.3.




APPELLATE SIDE

W.P. No.2935 (W) OF 2016


-: Versus :-

STATE OF WEST BENGAL & ORS. Respondents.

LIST OF DATES

DATE PARTICULARS

27.10.2011 Notice U/s. 13 (2) SARFEASI Act,2002 issued by the

respondent bank.

09.11.2010 Death certificate of Mamata Saha.

07.06.2014 Notice u/s.13(4) affixed by the respondent bank.

05.09.2014 Order passed by the respondent no.3.




APPELLATE SIDE

W.P. No. (W) OF 2016


-: Versus :-


POINT OF LAW

I. WHETHER the respondent No. 3 has committed a grave illegality

by passing the order dated 05.09.2014 u/s.14 of the SARFAESI

Act, 2002 by failing to give any reasoning in support of his decision

to give police assistance to the respondent bank for taking physical

possession of the immovable property?

( IV )

II. WHETHER the respondent No. 3 has acted arbitrary and in

coularable exercise of power by passing the order dated

05.09.2014 for necessary police assistance for the purpose of

obtaining physical possession of the immovable property without

following the proviso appended with Section 14 of SARFAESI Act,

2002?

III. WHETHER the order passed by the respondent No. 3 is suffers for

patent defect as the respondent No. 3 has passed the order

mechanically and without complying the statutory provision?

IV. WHETHER the respondent no.3 failed to appreciate while passing

the order dated 05.09.2014 that the proviso enumerated in Section

14 of SARFAESI Act, 2002 is a mandatory provision and is

sacrosanct and the respondent bank is duty bound to comply with

the said provision?

V. WHETHER the proviso appended to the section 14 of the

SARFAESI Act, 2002 has to be complied strictly before passing any

order for police help to take physical possession of the property

since the language of the proviso appended to Section 14 of

SARFAESI Act, is sacroscant the respondent no.3 cannot given a

( V )

goby to the said proceeding while passing an order of police help

for taking physical possession of the immovable property?

VI. WHETHER the order dated 05.09.2014 passed by the respondent

No. 3 are violative of the principle of natural justice and fair play?

VII. WHETHER the order dated 05.09.2014 passed by the respondent

No.3 is in violative of Article 14 and 21 of the Constitution of India

as the order has been passed for taking physical possession of the

immovable property of the petitioners with the help of the police

authority?

VIII. WHETHER the respondent No. 3 has acted contrary to the

statutory rules and regulation while passing the order dated

05.09.2014 thereby granting police assistance for taking physical

possession of the secured assert?

IX. WHETHER the order dated 05.09.2014 is bad and not tenable in

the eye of law?

X. WHETHER the order dated 05.09.2014 has been passed in gross

violation of the ratio laid down by the Hon'ble Apex Court as

( VI )

reported in V. Nobel Kumar - VS. - Standard Chartered Bank

(2013 9 SCC Page 620)?

XI. WHETHER the order dated 05.09.2014 is bereft of any reasoning

in as much as the respondent no.3 while passing the order dated

05.09.2014 has only made a bare statement that the respondent

no.3 is fully satisfied with the contents of the affidavit without

specifying the manner in which the respondent bank has complied

with the proviso appended to Section 14 of SARFAESI Act, 2002?

XII. WHETHER the respondent no.3 has made only a bare statement

without proper appreciation of the affidavit filed by the respondent

bank and also without proper application of mind. Hence the order

dated 05.09.2014 passed by the respondent no.3 cannot be heleito

be sustainable in the eye of law?



and re-construction of Financ al Assets


APPELLATE SIDE

W.P.NO. (W) OF 2016

In the Matter of :

An application under Article 226 of the

Constitution of India;

And

In the Matter of :

Writ or writs in the nature of Mandamus,

Certiorari and any other writ or writs,

order or orders, direction or directions;

And

In the Matter of :

Rules framed thereunder the securitized

2

and Enforcement of Security Interest Act,

2002;

And

In the Matter of

The issuance of the impugned order dated

05.09.2014 by the respondent no. 3;

And

In the matter of :

Order dated 05.09.2014 passed by the

respondent no. 3 in connection with the

Section 14 Application filed by the

Respondent No. 6 ,7 & 8;

And

In the matter of :

Non-compliance of the condition

enumerated in the Proviso of the Section

3

14 of the SARFAESI Act, 2002 as amended

on 2013;

And

In the matter of :

Violation of the principle of natural justice

and fair play;

And

In the matter of :

Violation of Article 14, 19(g) and 21 of the

Constitution of India;

And

In the Matter of :

1. SRI PRASENJIT SAHA, son of Late

Ranendranath Saha, residing at 281, Post

Office Road, Badamtala, Habra, District-

North 24-Parganas;

Petitioner.

-: VERSUS :-

THE STATE OF WEST BENGAL,

service through the Home Secretary, at

4

"Nabanna", 325, Sarat Chatterjee Road,

Howrah - 711102.

2. THE DISTRICT MAGISTRATE, North

24 - Parganas, Barasat, having its office•at

Judicial Munshikhana Department, North

24-Parganas, Barasat, PIN - 700 24.

3. THE ADDITIONAL DISTRICT

MAGISTRATE (General), North 24-

Parganas, Barasat, having its office at

Judicial Munshikhana Department, North

24-Parganas, Barasat, PIN - 700 124.

4. THE SUPERINTENDENT - OF -

POLICE, North 24-Parganas, Barasat

having his office at Barasat, District :

North 24-Parganas, PIN - 700 124.

5. THE INSPECTOR - IN - CHARGE,

Habra -Police Station, District : North 24-

Parganas, Kolkata - 743263.

5

6. STATE BANK OF INDIA,

Habra (1643), District-North 24-Parganas,

West Bengal, Pin - 743263.

7. THE AUTHORIZED OFFICER,

Habra (1643), District-North 24-Parganas,

West Bengal, Pin - 743263.

Respondents.

To

The Hon'ble Mrs. Manjula Chellur, Chief Justice and Her Companion Justices

of the said Hon'ble Court.

The humble petition made on behalf of the

petitioner abovenamed most respectfully-

SHEWETH:-

1. Your petitioner states that the petitioner is law abiding citizen of India

and residing at the cause title mentioned above.

2. Your petitioner states that all material times the petitioner was and has

been carrying on business under the name and style of M/s. Mamata Saha

having its office at 281, Post Office Road, Badamtala, Habra, District-North 24-

Parganas.

6

3. Your petitioners state that on or about 27.10.2011 had received a notice

u/s.13(2) of SARFAESI Act, claiming that a sum of Rs.4,34,931.19/- is

outstanding that will be payable by the petitioner and that will be payable

within 60 days from the date of notice and also it has been mentioned in the

said notice. It is pertinent to mention here that as a precondition of such loan

the petitioner had mortgage the immovable property lying and situated at all

that piece and parcel of landed Property measuring about 1 Khata 7 Chhitak 9

Sq.ft. under Mouza — Habra, J.L. No.-72, Touzi No.-442, R.S. No.383, Khatian

No.-1960 (Hal), Dag No.-220(Sabek), P.S.-Habra, A.D.S.R.O.-Barasat, S.R.O.-

Habra, District-North 24 Parganas, being No.-12792, for the year 1998, belong

to one Mamata Saha, since deceased, the mother of the petitioner.

A copy of the notice issued u/s.13(2) of SARFAESI Act, dated

27.10.2011 is annexed hereto and marked with Letter-"P-1".

4. Your petitioner states that the owner of the petitioner Mamata Saha,

since deceased died on 09.11.2010 but inspite of having full knowledge the

defendant bank had not substituted the legal heirs of late Mamata Saha, who

became the co-owners of the property as per the Hindu Law of Succession. It is

the mandatory provision of law that the respondent bank should issued the

notice u/s.13(2) of SARFAESI act upon all the legal heirs of the owner of the

property after her death but the respondent bank intentionally had not

7

substituted the legal heirs of Mamata Saha and such irregularity on the part of

the defendant bank had rendered the enter action of the defendant bank is bad

and not sustainable in the eye of law.

A copy of the death certificate of Mamata Saha is annexed hereto and

marked with Letter-"P-2".

5. Your petitioner states when a talks of settlement is going on between the'

parties the petitioner was surprised to see the notice issued under section 13(4)

of SARFAESI Act, 2002 affixed on 07.06.2014 in the conspicuous part of the

land and building.

A copy of the said notice u/s. 13(4) of SARFAESI Act, 2002 dated

07.06.2014 is annexed hereto and marked with Letter -"P-3".

6. Your petitioner states that the petitioner has received an order dated

05.09.2014 only on January,2015 by Recovery agents who wants to take

forceful physical possession of the immovable property by virtue of the order

passed by the respondent no. 3 for police assistance in connection with an

application filed by the respondent bank under Section 14 SARFAESI Act, 2002

for the purpose of taking physical possession of the immovable property. Be it

further noted that no copy of Section 14 application has not been served upon

the petitioner.

8

A copy of the said order dated 05.09.2014 is annexed hereto and marked

with Letter "P-4".

7. Your petitioner states that the proviso enumerated Section 14 of the

SARFAESI Act, 2002 as amended in the year 2013 is mandatory and

sacrosanct and can not be given a goby by the respondent bank while filing an

application for police assistance u/s. 14 of SARFAESI Act, 2002. It is further

stated that the petitioner have got every reason to believe that the respondent

bank has not complied with the proviso enumerated in Section 14 of the

SARFAESI Act, 2002.

8. Your petitioner states that the order dated 05.09.2014 passed by the

respondent is cryptic and has been passed in violation of the proviso

enumerated Section 14 of the SARFAESI Act, 2002 amended in the year 2013

the has passed the order dated 05.09.2014 in hot haste and without proper

appreciation of the proviso appended in Section 14 of SARFAESI Act, 2002.


respondent no. 3 is cryptic, bad and not tenable in the eye of law since the

respondent no. 3 has only made a bare statement that the respondent no, 3 is

satisfied with the contents of the affidavit but has not assigned any reasons in

support of his decisions of rendering police help to the respondent no. 7.

Moreover the respondent no. 3 has not made any statement about the manner

9

in which the respondent bank has complied with the proviso appended with

the Section 14 of the SARFAESI Act, 2002. The respondent no. 3 has only

made no statement whether he is satisfied with the contents of affidavit or not

and in support of his decision he has not given any reasoning in consonance

with the decision report in V. Nobel Kumar - VS. - Standard Chartered Bank

(2013 9 SCC Page 620).


respondent no. 3 is cryptic and has been passed in violation of the proviso

enumerated Section 14 of the SARFAESI Act, 2002 amended in the year 2013.

But the 05.09.2014 passed by the respondent no. 3 in hot haste and without

proper appreciation of the proviso appended in Section 14 of SARFAESI Act,

2002.


respondent no. 3 is bad and is in violation of the law of land, the order

dated 05.09.2014 passed by the respondent no. 3 is vague and does not

supported by any reasoning which is a mandatory requirement as per the

decision of the Hon'ble Apex Court reported in V. Nobel Kumar - VS - Standard

Chartered Bank (2013 9 SCC Page 620).

12. Your petitioner states that on or about 16.01.2016 a recovery agent

suddenly come to the immovable property of the secured creditor and asked to

10

vacate the possession of the secured asset with the help of the respondent no.

7 by executing the order passed by the respondent no. 3 and then only the

petitioner obtain the copy of the order from that recovery agent.

13. Being aggrieved and dissatisfied with the order dated 05.09.2014 issued

by the Respondent No. 3 in connection with the application filed by the

Respondent No.7, u/s.14 of the SERFEASI Act, 2002 for taking physical

possession of the immovable property with the assistance of police authority

your petitioner begs to move this instant Writ Petition inter-alia on the

following :-

GROUNDS

I. FOR THAT the respondent No. 3 has committed a grave illegality

by passing the order dated 05.09.2014 u/s.14 of the SARFAESI

Act, 2002 by failing to give any reasoning in support of his decision

to give police assistance to the respondent bank for taking physical

possession of the immovable property.

II. FOR THAT the respondent No. 3 has acted arbitrary and in

coularable exercise of power by passing the order dated

05.09.2014 for necessary police assistance for the purpose of

obtaining physical possession of the immovable property without

11

following the proviso appended with Section 14 of SARFAESI Act,

2002 .

III. FOR THAT the order passed by the respondent No. 3 is suffers for

patent defect as the respondent No. 3 has passed the order

mechanically and without complying the statutory provision.

IV. FOR THAT the respondent no.3 failed to appreciate while passing

the order dated 05.09.2014 that the proviso enumerated in Section

14 of SARFAESI Act, 2002 is a mandatory provision and is

sacrosanct and the respondent bank is duty bound to comply with

the said provision.

V. FOR THAT the proviso appended to the section 14 of the SARFAESI

Act, 2002 has to be complied strictly before passing any order for

police help to take physical possession of the property since the

language of the proviso appended to Section 14 of SARFAESI Act,

is sacroscant the respondent no.3 cannot given a goby to the said

proceeding while passing an order of police help for taking physical

possession of the immovable property.

VI. FOR THAT the order dated 05.09.2014 passed by the respondent

No. 3 are violative of the principle of natural justice and fair play.

12

VII. FOR THAT the order dated 05.09.2014 passed by the respondent

No.3 is in violative of Article 14 and 21 of the Constitution of India

as the order has been passed for taking physical possession of the

immovable property of the petitioners with the help of the police

authority.

VIII. FOR THAT the respondent No. 3 has acted contrary to the

statutory rules and regulation while passing the order dated

05.09.2014 thereby granting police assistance for taking physical

possession of the secured assert.

IX. FOR THAT the order dated 05.09.2014 is bad and not tenable •in

the eye of law.

FOR THAT the order dated 05.09.2014 has been passed in gross

violation of the ratio laid down by the Hon'ble Apex Court as

reported in V. Nobel Kumar - VS. - Standard Chartered Bank

(2013 9 SCC Page 620).

XI. FOR THAT the order dated 05.09.2014 is bereft of any reasoning in

as much as the respondent no.3 while passing the order dated

05.09.2014 has only made a bare statement that the respondent

no.3 is fully satisfied with the contents of the affidavit without

13

specifying the manner in which the respondent bank has complied

with the proviso appended to Section 14 of SARFAESI Act, 2002.

XII. FOR THAT the respondent no.3 has made only a bare statement

without proper appreciation of the affidavit filed by the respondent

bank and also without proper application of mind. Hence the order

dated 05.09.2014 passed by the respondent no.3 cannot be held to

be sustainable in the eye of law.

14. Your petitioner further states and submits that there is no other

efficacious and statutory remedy available to the petitioner save and except

filing the instant writ petition.

15. Your petitioner states and submits that the balance of convenience

and/or inconvenience is heavily titled in favour of your petitioner in the instant

case.

16. Your petitioner states that any further representation would be an empty

formality.

17. And this petition is made bonafide and for ends of justice.

18. Your petitioner states that the records relating to the cause are lying

within the Appellate Jurisdiction of this Hon'ble Court.

14

19. Unless the order as prayed for is made herein your petitioner would

suffer irreparable loss and injury.

In the fact and circumstances stated above your

petitioner humbly prays before Your Lordship for

the following relief :

a) Writ in the nature of mandamus quashing

the impugned order dated 05.09.2014 passed by

the Respondent No. 3 in connection with the

section 14 application filed by the Respondent

No.5 for taking physical possession of the

immovable property of lying and situated at all

that piece and parcel of landed property

measuring about 1 Khata 7 Chhitak 9 Sq.ft.

under Mouza-Habra, J.L. No.-72, Touzi No.-442,

R. S. No.383, Khatian No. 1960(Hal), Dag

No.220(Sabek), P.S.-Habra, A.D.S.R.O.-Barasat,

S.R.O.-Habra, District : North 24-Parganas with

the aid and assistance of the Respondent no. 4

& 5;

15

b) Writ in the nature of mandamus for

bearing the respondents and/or representative

and/or subordinate officer from taking any

further action in terms of the order dated

05.09.2014 passed by the Respondent No.3;

c) Writ in the nature of Certiorari direct the

Respondents to produce all records relating to

the cause all records which are lying in the

custody of the respondents in relation to the

instant case;

d) An order of injunction restraining the

respondent bank from taking physical

possession of the immovable property of lying

and situated at all that piece and parcel of

16

landed property measuring about 1 Khata 7

Chh tak 9 Sq.ft. under Mouza-Habra, J.L. No. -

72, Touzi No.-442, R.S. No.383, Khatian

No.1960 (Hal), Dag No.220(Sabek), P.S.-Habra,

A.D.S.R.0.-Barasat, S.R.O.-Habra, District :

North 24-Parganas in terms of the order dated

05.09.2014 passed by the respondent no. 3 in

connection with the Section 14 Application filed

by the respondent bank, till the disposal of the

writ petition;

e) Ad-interim order of stay of operation of the

order dated 05.09.2014 passed by the

respondent no.3 for taking physical possession

of the said immovable property of lying and

situated at all that piece and parcel

of landed property measuring about 1 Khata

ig

7 Chhitak 9 Sq.ft. under Mouza-Habra, J.L.

No.-72, Touzi No.-442, R.S. No.383, Khatian

No.1960(Hal), Dag No.220(Sabek), P.S.-

Habra, A.D.S.R.0 -Barasat, S.R.O.-Habra,

District North 24-Parganas, till the disposal

of the Writ Petition;

I) Rule NISI in terms of prayed (a), (b), (c),

(d), and (e) above;

g)

Such other or further order or orders

as your Lordship may deem fit and proper;

And for this act of kindness your petitioner as in duty bound shall ever pray.

LA— \ ,

AFFIDAVIT

I, SRI PRASENJIT SAHA, son of Late Ranendranath Saha and guarantor of

M/s. Mamata Saha, aged about 46 years, by occupation- Busa ness, residing

at Uttar Habra, Barasat, District - North 24-Parganas, Pin — 743263, do hereby

solemnly affirm and say as follows:-

1. That I am the petitioner of the present writ petition and am conversant of

the facts and circumstances of the present case.

2. That the statements made in paragraph Nos. to are true to

my knowledge and those made in the rests are my respectful submission before

this Hon'ble Court.

Prepared in my office

( Advocate.

Ci_ex

Deponent known to me

Clerk to

Advocate.

Solemnly affirmed before me on

this the V f day of February, 2016.

COMMISSIONER.

YourgYtfilfS1 *•-•

IF BA Of INDIAt.yo

A )A hlQ 1 J 7 P —

\.,1„,, < <H 9095L(tr), 9F45-51-4sy s L7HI:

Aez zp.1 :Feta

-743 263 State Bank of India

41 ts0s3), eel R'd 8iiBrft,'-ift=1841116i, )913 Habra (1643), Dist.: 24 Parganas (N), West BengalTelegram :THISTLE

Tel. 03216 - 238468, 271897, 270363, Tele Fax :03216-237085, LP 502321, E-mail :sbi.01643@sbLooln

Guarantor Notice Registered With A/D

To,

Prasenjit Saha (Guarantor of M/S MAMATA SAHA), 5/ o-Ramendra Nath Saha Vill.-Uttar Habra 15 Mina, P.S.-Liabra,

t. -North 24 Pgs, Pin-743203.

Date : 941, Vc • 1-.6

Ref. No. (71eN - 1-1 rie

Dear Sir,

Sub : Notice u/s 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. 2002 in connection with A/c No. - 30380526274

At volr request. the Bank has extended credit facilities to M/S MAMATA SAHA, Proprietor:-Late Mamata Saha, 261, Post Office Road, Badamtala, Habra, Dist.- North 24 Pgs by way of financial assistance against secured 1s'"'1 5

the outstanding amount and the details of the secured assets are mentioned in the enclosed notice addressed to the rlb(1 \•(' borrower:

You being the guarantor have created security interest in respect of the following properties by execution of security agreement(s) :1 document (s) / confirmation of creation of mortgage mentioned below:

ti culars of the security agreement rio CU ment(s)/ confirmation of

Particulars of the property Amount Secured(Rs.)

All that piece and parcel of landed Property 3,00,000.00 ;ca ti on of Equitable Mortgage by deposit of title deed. measuring about 1 Khata 7 Chhitak 9 Sq. ft. under

Mouza-Habra, J.L. No-72, Touzi No-442, R.S. No-383, Khaban No-1960(Hal), Dag No-220(Sabek), P.S.-Habra, A.D.E.R.O-Barasat, S.R.O-Habra, Dist.-North 24 Parganas, being No-12792, for the year 1998.

[lie operation and conduct of the said financial -assistance/credit facilities have become irregular and the debt has beep classified as non-performing assets as specifically stated in the enclosed notice to the borrower.

Therefore, the Bank hereby calls upon you u/s 13(2) of the said Act by issuing this notice to discharge in full your liabilities stated hereunder to the Bank within 60 days from the date of this notice. Your outstanding liabilities as 4:11;11- auto'. for tee above borrower, (in aggregate), due and owing to the Bank is to the tune Rs. 4,80,579.19 (Rupees Four ;ins ijighly Thousands Five Hundred Seventy Nine & Nineteen Paisa Only) (Rs.4,34,931.19 in respect of A/c No- 109S5525467 Rs.45,648.00 in respect of A/c No-30725847649) as on 25.03.2009. You are also liable to pay future

inlei!•,; at the contractual rate on the aforesaid amount together with incidental expenses, cost charges, etc.

II you fail to repay to the Bank the aforesaid sum of Rs. 4,80,579.19 (Rupees Four Lacs Eighty Thousands Five Hundred Seventy Nine & Nineteen Paisa Only) (Rs.4,34,931.19 in respect of A/c No-10985525467 + Rs.45,648.00 in respect of A/c No-30725847649) with future interest and incidental expenses, costs, etc. as stated above in terms of this neon' u

21 of the Act, the Bank will exercise all or any of the rights detailed under Sub-Section (4) of Section 13 other applicable provisions of the said Act. You are also put on notice that in terms of sub-section 13 of

shall not transfer by sale, lease or otherwise the said secured assets state above without obtaining consent of the Bank.

The Bank reserves its rights to call upon you to repay the liabilities that may arise under the outstanding Bills Discounted, Bank Guarantees and Letter of Credit issued and established at your request for (N.A) (Borrower). This notice is without prejudice to the Bank's right to initiate such other actions or legal proceedings, as it deems necessary under any other applicable provisions of Law.

n No 1//2/1 7840

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lark r Husband of rho deceased ‘597:-

riti1)2 tc'it.;1 ;TIN)

;ddrrss of the deceased at the time of Death ar6.0)//airm- .acZrniti4 A 0,44

j PCI mancril Address of the deceased ....

(NTT X_IVicl 97)

r Issued us 12/I 7 of the RBD Act. 1969 and Rule 9/14 of the WHRBD Rules 2000.);t' ' .Ifi c'Etv4T?-cl .,-2L-14 27:9 araraa: oi:a: eflitv ariaiacfftta k .00 ,,im / 44.2r,Is

'hi>, Il to garde that the folio%) ing information has been taken from the original record of-dendir,

HASEtkiviLitilCI.PALITl of NORli H 24 Pa A i 4, ,

vitH

E29ze nec a 47274— 5a-4--af

Date of Registration

? // • m •

z-irs-tx0

Signature of issuing authority,: 7aen (iraRrtta-Fur,a

H & Habra Municipality'.

Date For TATE BAN OF EDIA

/GPI rrtTf Yu-cc/HA B R A 14.041a

-07 , 06 , 20 k

Place a Habra

A IA v.J.-ic

s.:) "elle ks -(8114,c Itili‘t&( vvJci StO g trmurr, rrreJ4,14,-(FJ-t vca 24 44, cot Habra (1643). Dist. : 24 Parganas (N), VVes1 Bengal-743 263 Te legram . THISTLE

ITT7-174 State Bank of India

'7 6"4 33216-237065, LP :502321, E-mail [email protected]

Ref. No:-

Whereas:

APPENDIX-IV

/Rule-8(1)] POSSESSION NOTICE

(for immovable property)

Date:- OF .-d-.2e9•9

44 y/.5,92-1/1, ^/ c/

The undersigned being the Authorized officer of the State Bank of India, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Second) Ordinance, 2002 (Ord. 3 of 2002) and in exercise of powers conferred under section 13(12) read with rule 9 of the Security Interest (Enforcement) Rules, 2002 issued a demand notice dated 18.02.2014 calling upon the borrower, M/S. MAMATA SAHA, Prop.- MAMATA SAHA (Now Deceased) Uttar Habra, Badamtala, Post Office Road, P.O. & P.S.-Habra, Dist.-24 PGS (N), PIN-743263 and guarantor Prosenjit Saha, S/o-Late Mamata Saha, Uttar Habra, Uttar Habra, Badamtala Post Office Road, P.O. & P.S.-Habra, Dist.-24 PGS (N), PIN-743263 to repay the amount mentioned in the notice being Rs.3,36,883.19 (Rupees Three Lacs Thirty Six Thousand Eight Hundred Eighty Three and Paisa Nineteen Only) as on 18.02.2014 (R.s.2,99,305.19 (Rupees Two Lac Ninety Nine Thousand Three Hundred Five and Paisa Nineteen Only) as on 18.02.2014 in respect of A/c No-33338518720 & Rs.37,578.00 (Rupees Thirty Seven Thousand Five Hundred Seventy Eight Only) as on 18.02.2014 in respect of A/c No-30725847643 within 60 days from the date of receipt of the said notice.

The borrowtriguarantor having failed to repay the amount, notice is hereby given to the borrower and the public in general that the undersigned has taken possession of the property described herein below in exercise of powers conferred on him / her under Section 13 (4) of the

Apt rei(1 with Rule 9 of the said rules on this 07 day of aiSte-• of the year 2014.

The borrower in particular and the public in general is hereby cautioned not to deal with the property and any dealings with the property will be subject to the charge of the State Bank of India for an amount of Rs.3,36,883.19 (Rupees Three Lacs Thirty Six Thousand Eight Hundred Eighty Three and Paisa Nineteen Only) as on 18.02.2014 with further interest, incidental expenses & cost etc.

Description of immovable property

Property-1:-All that piece or parcel of land and building measuring about more or less 1 Katha 7 Chatak 09 sq. ft. under Mouza - Habra, J.L, No.- 72, Re Sa No-383, Hal Khatian No-1960, Sabek Hag - 220. H.S. Dag No-400,,Plot No-"A" ward No-6 & Old Ward No-18, Holding No-267 under la bra Municipality, P.S.LHabra, A.D.S.R.0.-Hahra, Dist.-North 24 Parganas, Book No.-1, Volume

No.-43, Pages-I65 to 172, Being No.- 02791 for the year 1998.

The Property Stand in the name of Prosenjit Saha, S/o-Lt. Ranendra Nath Saha, Uttar Habra, P.0.+P.S.-Habra, Dist.-24 PGS (N).

Property±.2:-All that piece or parcel of land and building measuring about more or less 1 Katha 7 Chatak 06 sq. ft. tinder Mouza - Habra, .1.L No.- 72, Re Sa No-383, Hal Khatian No-1960, Sabek

22D. R.S. Dug No-400, Ploi No-"H", ward No-6 & Old Ward No-18, Holding No-267 under Hin- p Muni( P.S.-Habra, A.D.S.R.0.-Habra, Dist.-North 24 Parganas, Book No.-1, Volume

Pages-173 to 180, Being No.- 02792 for the year 1998.

The Property Butted bounded by: North : Prasenjit Saha. South Municipal Road. East : Sum .loytsna Majumder. West : Municipal Road.

The Property Stand In the name of Smt. Mamata Saha (Now Deceased), Legal heirs-(i)Prosenjit Saha, S/o-Lt. Mamata Saha & (ii)Soma Roy, D/o-Lt. Mamata Saha, Uttar Habra, P.0.1-P.S.-Habra, Dist.-24 PGS (N).

Nick iN_Cit S€ —

02- 2---"

0-1P IC in:,

ELECTION COMMISSION OF INDIA 15ic\.nsi14-415.T-1 ""f;p;11-

IDENTITY CARD VVB/13/088/270097

.91-1-47

Elector's Name Prasenjit Saha

Csintf -4111 nc>1.1%

Father's Name Ranendranath Saha P1/45@qm

Sex

Age as on 1.1.2002 32

5. ..kook-‘.1

Address: Uttar Habra Habra North 24 Pargadas 743263

IL~m :

ryLwa IAT STA,ST A AS ANIS' A 8...5

Facsimile Signature Electoral Registration Officer

ffi4u-4144•Fa nrfimfl. Assembly Constituency: 87-Habra

f*ra-Tre ratu4 :^:cc b- g Place:North 24Parganas S8H: PLS.'? s s PsD18I

Date: 06.08.2002 OgsgPsg ogg




APPELLATE SIDE

W.P.NO.`Z~35(W) OF 2016

In the Matter of

An application under Article 226 of the Constitution of India :

And

In the Matter of :

SRI PRASENJIT SAHA.

-: Versus :- Petitioner.

STATE OF WEST BENGAL & ORS. Respondents.

WRIT PETITION

N/IITUL CHAKRABORTY Advocate

11. Old Post Office Street, 1sT & 31-d Floor,

kollcata — 700 001.

a &Ca (.7.6 rah ze9 - SARTHAC

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