Calcutta High Court (Appellete Side)
(Bank Of Maharashtra & Anr vs State Of West Bengal on 21 July, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
1 1294 C/L 21.07.2015
rrc W. P. 7929 (W) of 2015 (Bank of Maharashtra & Anr. Vs. State of West Bengal & Ors.) Mr. Debasish Ghosh Mr. Nilanjan Adhikari .....For the petitioners Mr. Ashim Kumar Ganguly Mr. Bellal Shaikh .....For the State The petitioners are aggrieved because despite possession of the cold-storage in question having been made over in terms of an order passed by the District Magistrate, Burdwan under Section 14 of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002, the petitioners have lost possession due to the overt acts of certain private persons and despite complaining to the police, no First Information Report has been registered. If indeed what the petitioners allege is correct, they are not without a remedy. They may approach the relevant magistrate under the provisions of the Code of Criminal Procedure in accordance with law for setting the machinery for investigation in motion. They shall also be at liberty to apply before the district magistrate afresh for obtaining possession afresh, in accordance with law. 2 Reserving such liberty, the writ petition stands dismissed, without costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
(Dipankar Datta, J. )