Calcutta High Court (Appellete Side)
In Re: Mohima Developers Pvt Ltd vs State Bank Of India & Ors.) Wherein It Was ... on 11 November, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
1 C. R. R. No. 2649 of 2011 11.2011 Sl.70.
In re: Mohima Developers Pvt Ltd ...... Petitioner.
Mr. Sabir Ahmed Mr. Lal Ratan Mondal
----for the petitioner.
This is an application under Article 227 of the Constitution of India assailing the order dated 1.7.2011 passed by learned Chief Judicial Magistrate, Barasat in Miscellaneous Case No. 92/2011 whereby the learned Magistrate directed the Officer-in-Charge/IC of Barasat Police Station to take actual possession of the immovable property/security assets mentioned in the schedule of the petition along with Title Deeds and other documents in connection with the said assets from the OP and deliver the same to the authorized representative of the applicant/Bank and submit a report thereto before this court. If resisted, the O.C/I.C. will use so much force which is necessary for the purpose of taking possession of the said assets.
Heard learned counsel appearing for the petitioner. Perused the papers on record. The petitioner is directed to serve notice along with the copy of this application upon the opposite parties and file affidavit of service within six weeks from date.
The learned counsel appearing for the petitioner submits a photostat copy of the judgment of this Hon'ble Court in case no. AST 1337 of 2010 (Ronit Nirman Pvt. Ltd. -vs.- State Bank of India & Ors.) wherein it was held that the Chief Judicial Magistrate acted without jurisdiction in entertaining the application under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2Having heard learned counsel appearing for the petitioner and on perusal of the copy of the judgment passed in AST 1337 of 2011 I am inclined to pass an interim order.
Accordingly, the impugned order will remain stayed for a period of eight weeks.
The matter will appear in the list for hearing after six weeks.
Criminal section is directed to supply urgent certified photostat copy of this order, if applied for.
(Kalidas Mukherjee, J.) rnr.