Bhaskar Bhattacharya, J. - (1.) These two appeals were heard together as these have been preferred against a common judgment dated 12th February, 2009 passed by a learned Single Judge of this Court by which His Lordship disposed of the two writapplications being W.P. No.30868 (W) of 2008 and W.P. No.556 (W) of 2007. The appellants before us filed a writ-application under Article 226 of the Constitution of India being W.P. No.556 (W) of 2007 thereby challenging the notice of auction dated 27th September, 2006 issued by the Assistant General Manager, Union Bank of India, Overseas Branch, under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) as well as the notification dated 14th December, 2006 published in the Bengali newspaper Aajkal and earlier notice dated 12th July, 2006 issued by the Assistant General Manager of the Bank.
(2.) The case made out by the writ-petitioners may be summed up thus: (a) The writ-petitioners took loan from the Respondent-Bank by mortgaging moveable and immovable properties including Premises Nos.244 and 266/4, Netaji Subhash Chandra Bose Road. In spite of fact that the petitioners made payment of major part of the loan taken, the Bank issued notice under the SARFAESI Act and such notice was challenged by the respondent No.2 of the writ-application, namely, the developer appointed by the writ-petitioners, who constructed a new building on Premises No.244, NSC Bose Road. (b) The writ-petitioners having failed to pay back the total amount of Rs.33 lakh, the Bank threatened the developer as well as the writ-petitioner to take possession of the property for realization of the loan amount. The developer moved a writ-application being W.P. No.21820 (W) of 2005 challenging the notice issued by the Bank under Section 13 of the SARFAESI Act. In the said writ-application, the writ-petitioners were also made parties. Although the learned Single Judge did not pass any interim order, on an appeal, a Division Bench of this Court on 3rd August, 2006 passed an ad interim order of injunction in favour of the appellants therein as the appellants deposited three postdated cheques amounting to Rs.29,40,000/- and the writpetitioners were directed to pay further amount of Rs.3,60,000/-. (c) As the Appellate Court had given liberty to the Bank to realize further dues from the writ-petitioners, the Bank issued another notice to the writpetitioners for taking possession of Premise No.266/4, NSC Bose Road for realization of the remaining part of the due amount. According to the writpetitioners, the amount claimed by the Bank to be due was an exaggerated amount and the amounts already paid on behalf of the writ-petitioners were not adjusted. Hence the writ-application.
(3.) So far the other writ-application being W.P. No.30868 (W) of 2008 was concerned, the same was filed by the Union Bank of India against the State of West Bengal and the prayer of the Bank was for restraining the respondents from harassing the officials of the Bank and for a direction not to take any further step on the basis of complaint lodged by the respondent No.5 therein alleging nonexecution of sale certificate in favour of the said respondent No.5 for purchase of Premise No.266/4 NSC Bose Road.;