BANK OF BARODA Vs. WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD
LAWS(CAL)-2019-6-12
HIGH COURT OF CALCUTTA
Decided on June 19,2019

BANK OF BARODA Appellant
VERSUS
West Bengal Small Industries Development Corporation Ltd Respondents

JUDGEMENT

DEBANGSU BASAK,J. - (1.) The petitioner assails a decision of the prescribed authority directing eviction of a lessee of the first respondent from a property belonging to the first respondent. The prescribed authority exercised jurisdiction under the provisions of the West Bengal Government Premises (Tenancy Regulation) Act, 1976 to pass the order of eviction.
(2.) Learned Advocate appearing for the petitioner submits that, the petitioner as a banker lent and advanced diverse credit facilities to the fourth respondent. As a security for due payment of the credit facilities, the fourth respondent mortgaged the leasehold rights of the immovable property concerned in favour of the petitioner. The mortgage was created with the consent and approval of the first respondent. The first respondent did not issue any notice to the petitioner under the provisions of the Act of 1976. The petitioner was not informed about the decision to evict the fourth respondent from the premises concerned.
(3.) Learned Advocate appearing for the petitioner submits that, valuable rights of the petitioner stand effected by the decision of eviction taken by the prescribed authority under the Act of 1976. There is a proceeding under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 pending before the Debts Recovery Tribunal, inter alia, against the fourth respondent. In the event, the petitioner was intimated about the decision of the first respondent to evict the fourth respondent, then, the petitioner would have been in a position to take steps under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. The petitioner is now without any valuable security. The Court should intervene.;


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