Debangsu Basak, J. - (1.) Three writ petitions are taken up for analogous hearing. For the sake of convenience, W.P. No. 379 (W) of 2015 is referred to as the first writ petition, W.P. No. 22396 (W) of 2016 as the second writ petition and W.P. No. 25614 (W) of 2016 as the third writ petition.
(2.) The three writ petitions emanate out of actions taken by State Bank of India (SBI) under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, in respect of its secured assets. SBI lent and advanced money to M/s. Swastyayan Agro Industries (hereinafter referred to as the borrower for the sake of convenience). The borrower having defaulted, the Authorised Officer of SBI issued a notice under Section 13(2) of the Act of 2002 on November 21, 2011. It took symbolic possession of the secured assets on January 21, 2012. The secured assets include the Rice Mill and the Oil Mill of the borrower. It applied before the District Magistrate, Bankura (D.M.) under whose jurisdiction the secured assets were lying, for assistance under Section 14 of the Act of 2002 for the purpose of taking physical possession thereof. The Additional District Magistrate (A.D.M.), Bankura passed an Order dated December 19, 2012 directing physical possession to be given to SBI. The borrower filed the first writ petition challenging the order of the A.D.M., Bankura in January 2013. On May 8, 2013, SBI took over physical possession of the Rice Mill and the Oil Mill with Police help in presence of the borrower. SBI published a sale notice in respect of the secured assets on September 15, 2013. The borrower filed a writ petition being W.P. No. 33121 (W) of 2013 challenging the sale notice which was disposed of on October 30, 2013 by permitting the borrower to file an application under Section 17 of the Act of 2002 before the Debts Recovery Tribunal (DRT). SBI sold the secured assets. It sold the Rice Mill to the writ petitioner of the second writ petition (hereinafter referred to as the Rice Mill Purchaser for the sake of convenience) on as is where is basis and made over possession thereof on January 6, 2014. The Oil Mill was sold to the writ petitioner of the third writ petition (hereinafter referred to as the Oil Mill Purchaser for the sake of convenience) on March 3, 2014 and possession thereof was made over to the purchaser. A sale certificate was issued for both the sales to the respective purchasers. Subsequently, SBI entered into an agreement for assignment of the loan granted to the borrower, with an asset reconstruction company namely, ARCIL on March 26, 2014. SBI intimated the borrowers of the assignment of the loan to ARCIL on April 7, 2014. It is thereafter that, the first writ petition in respect of the order of the A.D.M., Bankura was served on SBI on May 2, 2014. The borrower filed another writ petition being W.P. No. 15809 (W) of 2014 on June 5, 2014 challenging the assignment of loan to ARCIL. In such writ petition, the borrowers claimed that SBI did not take possession of the secured assets. W.P. No. 15809 (W) of 2015 was disposed of on June 13, 2014 by giving liberty to ARCIL to take possession in accordance with law. The first writ petition came up for hearing on July 15, 2014 before the Court. The fact that, SBI had taken possession of the secured assets pursuant to such orders of the D.M. and A.D.M. was not brought to the notice of the Court either by the borrower or by SBI. Both of them were heard on July 15 and July 24, 2014. An Order dated July 24, 2014 was passed in the first writ petition setting aside the order of the District Magistrate dated December 31, 2012 and the A.D.M. dated December 19, 2012. An appeal being M.A.T. No. 1797 of 2014 was filed by SBI against the Order dated July 24, 2014 passed in the first writ petition. Factum of sale was mentioned in the appeal. The borrower was served with the copy of the appeal papers. A contempt petition being CPAN 2573 of 2014 was filed by the borrower against D.M., Bankura for not complying with the Order dated July 24, 2014 passed in the first writ petition. SBI was not a party in such contempt petition. The appeal filed by SBI against the Order dated July 24, 2014 was dismissed for default on May 13, 2015. It was restored on December 14, 2015 on the application of SBI. On August 12, 2016, the D.M., Bankura passed an order for taking physical possession of the secured assets in terms of the Order dated July 24, 2014 passed in the first writ petition. Pursuant to such order of the D.M., the writ petitioner of the second writ petition was dispossessed by the D.M., Bankura on September 12, 2016. The Rice Mill purchaser filed the second writ petition on September 20, 2016 challenging the order of the D.M., Bankura dated August 12, 2016, as also the order dated July 24, 2014 passed in the first writ petition. An order dated September 28, 2016 was passed in the second writ petition directing the D.M. to take back possession of the Rice Mill from the borrower as the Receiver. The Rice Mill Purchasers were granted liberty to remove the goods from the Rice Mill. Between the period October 23 and October 26, 2016, rice and paddy were removed by the Rice Mill purchasers from the Rice Mill in terms of the Order dated September 28, 2016. On October 8, 2016, the Oil Mill owner filed the third writ petition challenging the order of the D.M., Bankura dated August 12, 2016 as also Order dated July 24, 2014 passed in the first writ petition. The Order dated July 24, 2014 passed in the first writ petition was set aside in the Appeal being F.M.A. No. 2818 of 2015 on November 2, 2016. The Rice Mill purchaser applied by way of C.A.N. No. 11233 of 2016 for taking possession of the Rice Mill and for damages. Such application was made on November 21, 2016. In such application an Order dated November 25, 2016 was passed directing the D.M., Bankura to make over possession of the Rice Mill to the Rice Mill purchaser. The prayer for damages survives and requires consideration.
(3.) The grievances of the parties revolve around steps taken by a secured creditor being SBI in relation to its secured assets. SBI put up for sale the secured assets. The assets can be broadly divided into the Rice Mill and the Oil Mill.;