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Judgment
This is an application under Article 226 of the Constitution of India challenging the action taken by Andhra Bank under the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
The petitioner appears in person and submits that he is not the borrower. However, a portion of his property where he resides is being auctioned by
the Andhra Bank as the other residents have illegally mortgaged a portion of the property to the bank.
The bank is represented by Mr. Raj Kumar Sen, Senior Branch Manager, Burdwan who submits that notice under Section 13 was issued to the
borrower and thereafter application has been made under Section 14 before the District Magistrate, Purba Burdwan District.
He submits that due process under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is being
followed by the bank. He also submits that the borrower has pleaded to the bank that he shall make payments in instalments and the same is being
done by the borrower. He also submits that the submissions by the writ petitioner can be agitated before the District Magistrate.
In view of the above, I direct the respondent nos. 1 and 2 to hand over a copy of the application made under Section 14 before the District
Magistrate. The petitioner is at liberty to approach the District Magistrate and make his submissions before the District Magistrate.
With the above directions, writ petition is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties after compliance with all necessary formalities.