Court No.3

HIGH COURT OF SIKKIM

Record of proceedings

W.P. (C) No.78 of 2025

STATE BANK OF INDIA & ANR. ……. PETITIONERS

VERSUS

DISTRICT MAGISTRATE SORENG DISTRICT

AND ORS. ……. RESPONDENT S

Date: 05.03.2026

CORAM :

HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.

For Petitioner : Mr. Debanjan Chakraborty, Advocate.

Mr. Zigmee Dorjee Bhutia, Advocate.

For Respondent : Ms. Pema Bhutia, Assistant Government Advocate.

No.1.

For Respondent : Mr. Lahang Limboo, Advocate.

No.2. Mr. Binod Chakraborty, Advocate. (through V.C.)

For Respondent : Mr. Pradeep Tamang, Advocate.

Nos. 3 & 4.

For Respondent : None.

No. 5

For Respondent : Ms. Karden Chenchu Namgyal, Advocate .

No. 6.

………

1. The present writ petition has been filed seeking a direction to

the District Magistrate, Soreng District to dispose of the petitioner’s

application dated 29.08.2023 filed under Section 14 of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (SARFAESI Act).

2. The learned counsel for the petitioner draws the attention of

this Court to the said application as well as to the notice dated

13.05.2025 issued to the respondent no.2. The said notice reads as

under:-

“On perusal of the documents, it has been found that an

affidavit duly affirmed by the Authorized Officer as stipulated

vide Proviso to sub-section (1) of Section 14 of the Act has

been submitted along with the application.

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Therefore, you are hereby informed that it has been

decided to take over the secured assets from you on 3

rd

June,

2025.

You have the liberty to vacate the secured assets and

hand over the vacant possessions to the Petitioner Bank

before the above mentioned date of takeover, failing which the

secured assets would be taken over from you, if necessary, by

use of force on the appointed date.

You may note that in the event of any resistance from

you, in taking over the secured assets, appropriate action

shall be taken against you under the relevant law.”

3. Attention is also drawn to another notice dated 02.06.2025

issued to the petitioner by the District Magistrate, wherein it is

stated that the respondent no.2 had moved an application seeking

extension of the date for attachment, as he had been summoned by

the Debts Recovery Tribunal (DBT) Siliguri on the same date i.e.

03.06.2025. Accordingly, the date for take over of secured assets

was shifted to 17.06.2025.

4. On 13.06.2025 yet another notice was issued to the petitioner

by the District Magistrate, Soreng stating that as per order dated

03.06.2025 passed by the DRT, Siliguri it has been directed to the

petitioner to restrain from taking physical possession of the

property belonging to respondent no.2. Therefore, in view of the

said order, the action contemplated vide Notice bearing Memo

No.150/DAC/Soreng, dated 13.05.2025 is postponed till further

order.

5. From the facts placed before this Court by the learned

counsel for the petitioner it is evidently clear that the District

Magistrate had in fact acted upon the petitioner’s application dated

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29.08.2023 filed under Section 14 of the SARFAESI Act and passed

effective orders therein. However, it is also evident that the DRT on

an application moved by one Arpana Pradhan decided to stay the

order passed by the District Magistrate on 13.05.2025. The order of

the DRT dated 03.06.2025 restraining the petitioner to take

physical possession of the property till the next date is not under

challenge in the present writ petition. It is also not the case of the

petitioner that the DRT does not have the jurisdiction to pass the

order dated 03.06.2025. The notice dated 13.05.2025 is clearly an

order passed under Section 14 of the SARFAESI Act in favour of the

petitioner. Thus this Court is of the firm view that the present writ

petition does not have a cause and accordingly it is dismissed

without calling for counter affidavits from the respondents. The

petitioner is at liberty to approach the appropriate forum or take

such appropriate steps as advised if they have a cause. The writ

petition is accordingly disposed of.

Judge

Index: yes/No

to/ Internet: yes/No