Calcutta High Court (Appellete Side)
Ct-8 vs (Ad) West Bengal Financial Corporation ... on 12 September, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1 M/L No.169 W.P. 3698 (W) of 2018 12.09.2019
Assets Assessor Private Ltd.
Ct-8 vs.
(AD) West Bengal Financial Corporation & Ors.
With
W.P.4375 (W) of 2015
Madhusudan Process and Chemical (P) Ltd.
Vs. State of West Bengal & Ors.
Mr. Mainak Ganguly ... for the Petitioner.
Mr. Jishnu Choudhury Mr. Aritra Basu Mr. Abhijit Sarkar Mr. Avik Chitta Kundu ... for the WBFC.
Two writ petitions are taken up for analogous hearing.
W.P. 3698(W) of 2018 is at the instance of the purchaser of an immovable property in a proceeding undertaken by the State Financial Corporation under the provisions of the State Financial Corporation Act, 1951.
Learned Advocate appearing for the petitioner submits that, despite the petitioner having paid the entire sale consideration, the State Financial Corporation is not executing the deed of conveyance and having the same registered ostensibly due to pending litigations.
West Bengal Financial Corporation is represented. One of the litigations is at the instance of the borrower. The petitioner has ascertained that subsequently the name of the borrower stands struck off from the register of tax. The other litigation is a proceeding initiated by State Bank of India under the 2 provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The State Bank of India claim second charge with regard to such property.
None appears in support of the writ petition being W.P. 4375(W) of 2015.
In such circumstances, W.P.4375(W) of 2015 is dismissed for default.
Since, the petitioner in W.P. 3698(W) of 2018 paid the entire consideration to the West Bengal Financial Corporation, it would be appropriate to direct West Bengal Financial Corporation to execute and register the deed of conveyance within a fortnight from the date of this order. Such deed of conveyance will contain a clause that, the deed is subject to the record change of State Bank of India, if any, with regard to the property concerned.
W.P.3698 (W) of 2018 is disposed of There shall be no order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)