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Calcutta High Court (Appellete Side)

Utsa Hazra & Anr vs The State Of West Bengal & Ors on 18 March, 2011

Author: Jayanta Kumar Biswas

Bench: Jayanta Kumar Biswas

                      In The High Court At Calcutta
                             Constitutional Writ Jurisdiction
                                      Appellate Side


Present : The Hon'ble Mr Justice Jayanta Kumar Biswas

                               W.P.No.4556(W) of 2011
                                  Utsa Hazra & Anr.
                                          -vs-
                            The State of West Bengal & Ors.

        Mr. M.K. Putatunda                             .... for the petitioners

        Mr. Sukanta Das                                      ....for the bank

        Mr. Keshab Bhattacharya
        Mrs. Banani Mukherjee                               ....for the State

Heard on : March 18, 2011

Order on : March 18, 2011

        The Court: Counsel for the bank produces a notification showing that a co-
operative bank will fall within the meaning of the expression bank for the purpose of the
Securitisation and Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002.

        Counsel for the petitioners submits that since the notification has been
produced, it will be appropriate for the petitioners to withdraw this petition so that they
may bring an appropriate petition questioning the validity of the notification. Counsel
for the respondents have left the matter to the discretion of the Court.

I think the oral prayer for withdrawal should be allowed.

Hence I allow the prayer. This petition is dismissed. Nothing herein shall prevent the petitioners from bringing a fresh petition questioning the notification, if the petition is otherwise maintainable in law. No costs. Certified xerox.

(Jayanta Kumar Biswas, J) sb