Calcutta High Court (Appellete Side)
M/S. Panskura Cold Storage (P) Ltd. & Anr vs The State Of West Bengal & Ors on 14 September, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
680. 14.09.2017 W.P. 23964(W) of 2017
Aloke
Ct. no. 28
M/s. Panskura Cold Storage (P) Ltd. & Anr.
versus
The State of West Bengal & Ors.
Mr. Himangsu De, Sr. Adv.
Mr. Rafikul Islam Sardar
... for the petitioners
Mr. Sakya Sen
Mr. Amritalal Chatterjee
... for the State
Mr. Bikash Ranjan Bhattacharyya,
Sr. Adv.
Mr. Goutam Dey
Ms. Rituparna Sengupta
Mr. Anupam Das
... for the respondent
nos. 5, 6, 7 and 8 It is submitted on behalf of the petitioners that his clients are compelled to approach this Court afresh due to wrongful activities of the private respondents who are seeking to wrest the management of the cold storage out of the hands of the petitioner no. 2 by changing the name of the business and illegally carrying on such business from the said premises. It is further submitted that their actions run contrary to a decree passed by the civil court of competent jurisdiction in Title Suit No. 15 of 2011.
It appears that the petitioners had approached this Court earlier in W.P. No. 17053(W) of 2017 wherein this 2 Court by order dated 05.07.2017 had relegated the petitioner to the executing court for execution of the decree passed in his favour. Liberty was also given to the petitioner to initiate appropriate criminal proceeding against the private respondents if they resort to acts of violence.
Mr. Bhattachryya, learned senior counsel for the private respondents submits that they are in possession of the cold storage and the allegations levelled against his clients are out and out false. It is further submitted that the petitioners have not put the decree into execution but has sought to approach this Court in the present writ petition which is not maintainable in law.
Mr. Sen, learned counsel for the State-respondents submits that the dispute is civil in nature. However, on the complaint of the petitioner criminal case has already been registered.
In view of the aforesaid facts, I observe that it is open to the petitioners to establish and/or enforce their civil rights in the property and/or business, if any, before the appropriate civil court in accordance with law. Criminal case registered at the behest of the petitioners shall be proceeded with utmost expedition and be concluded at an early date.
3
Petitioners as victim of crime is entitled to appear before the criminal court and ventilate their grievances therein in accordance with law.
With the aforesaid observations, the petition is disposed of.
Since no affidavits have been called for, none of the allegations shall be deemed to have been admitted by the respondents.
(Joymalya Bagchi, J.)