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Calcutta High Court (Appellete Side)

Santiniketan Hand Made Paper & Anr vs West Bengal Financial Corporation & Ors on 1 November, 2019

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                       IN THE HIGH COURT AT CALCUTTA
01-11-2019                     Constitutional Writ Jurisdiction
                                        Appellate Side
 Subrata

                                  W.P.No.20166(W) of 2013
                             Santiniketan Hand Made Paper & Anr.
                                             -vs-
                            West Bengal Financial Corporation & Ors.


                      Mr. Syamal Kumar Das
                      Ms. Smita Pal
                      Ms. Debarati Bag                  ...for the petitioners

                      Mr. Amiya Kumar Sur
                      Mr. Md. Hafiz Ali                        ...for WBFC

                      Mr. Priyabrata Ghosh ...for the private respondents

Heard learned advocates appearing for the parties.

It appears from Annexure P2 (page 33) to the writ petition that the petitioners on January 11, 2013 have made a representation through their learned advocate before the Branch Manager, West Bengal Financial Corporation, Suri Branch, the second respondent herein, requesting him to supply the details of the mortgage of the property and a copy of original title deed of the property in question.

It is the case of the petitioners that the respondent concerned is sitting tight over the matter for a long time and has given no decision at all.

Considering the submission of the parties, I direct the second respondent - Branch Manager, West Bengal Financial Corporation, Suri Branch - to decide the 2 petitioners' representation dated January 11, 2013 in accordance with law by passing a reasoned and speaking order, after giving an opportunity of hearing to the petitioners or their authorised representative and other interested parties, within six weeks from the date of communication of this order. The petitioners will forward a copy of their representation to the respondent-incumbent who has the authority to decide the representation.

The decision once given shall be communicated to the petitioners within two weeks thereafter.

It is to be noted that since the respondents have not bothered to file the affidavit-in-opposition directed by this court after a lapse of six years, hence the interim order passed on March 12, 2015 shall continue till the disposal of the aforesaid representation of the petitioners.

WP No.20166(W) of 2013 is disposed of accordingly. No order as to costs.

Certified website copy of this order, if applied for, shall be given to the parties.

[Md. Nizamuddin, J] 3