Arijit Banerjee, J. - (1.) In the instant writ petition the petitioner challenges the notices dated 2nd January, 2015 and 14th March, 2015 issued by the respondent Bank under Sec. 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short SARFAESI Act) in respect of flat No. 2, Block -KB 10, Sector -III, Salt Lake, Kolkata 700098 (hereinafter referred to as 'the said Flat'). The petitioner's Case: - -
(2.) The Governor of State of West Bengal executed a deed of lease in respect of Plot No. KB -10, Sector -III, Salt Lake City, Kolkata 700098 in favour of M/s. Ekobana Cooperative Housing Society Ltd. (in short 'the Society'), for a period of 999 acres subject to the terms and conditions contained in the deed of lease. In terms of the said lease deed no right in the said land could be transferred without the written permission of the Urban Development Department, State of West Bengal, except for creation of mortgage for repayment of loan obtained for house building purposes.
(3.) By a deed of conveyance dated 17th March, 2003, the Society conveyed the right, title and interest in respect of flat No. 2 on the ground floor of KB -10, Sector -III, Salt Lake City, Kolkata 700098 i.e. the said flat, to and in favour of the petitioner, subject to the conditions of the original lease deed. In terms of Clause 20 of the deed of conveyance, the petitioner was to fulfil all the terms and conditions laid down in the lease deed executed by the State of West Bengal in favour of the Society. Further, Clause 4 of the deed of conveyance prohibits the petitioner from transferring the said flat or any part thereof without the permission of the Society as well as the Government.;