Calcutta High Court (Appellete Side)
Dd vs The State Of West Bengal & Ors on 27 June, 2016
Author: Arindam Sinha
Bench: Arindam Sinha
1
WP 9050 (W) of 2004
27.06.2016
10 Mr. Jaidev Agarwalla & Anr.
dd Vs
The State of West Bengal & Ors.
Mr. Haradhan Banerjee
Mr. Mohash Kr. Shaw
... ...For the petitioners
Mr. Amiya Kr. Sur
Md. Hafiz Ali
... ...For the WBFC
Mr. Partha Banerjee
... ...For the respondent no. 3
Mr. Banerjee, learned advocate appears on behalf of the petitioners and submits the relief claimed by his clients by this writ petition is for the West Bengal State Financial Corporation to be compelled to allow the petitioner no. 2 to exercise his right of redemption in terms of offer made by letter dated 8th April, 2004 in respect of property mortgaged, the Corporation being the mortgagee. He draws attention to order dated 24th June, 2004 which was made on the moving of this writ petition. There was submission recorded as made on behalf of the Corporation that sale had been confirmed in favour of third party and possession already handed over on 7th May, 2004. Accordingly, there was a direction in the said order for the respondents to produce the records in respect of such sale of the property in question. Directions for affidavits were also given.
Mr. Sur, learned advocate appears on behalf of the Corporation and submits no affidavit has been filed on behalf of his clients. 2 The hearing of this writ petition is adjourned to enable the Corporation to either produce the record or disclose copies of relevant documents in a brief to learned advocate for the petitioners prior to the adjourned date.
List this writ petition on 18th July, 2016. Disclosure, if any, may be made under cover of letter within 14th July, 2016.
(Arindam Sinha, J.) 3