M/S Dbar Code Restro Bar And Club Llp v. State Of West Bengal And ORS.

13.05.2025 W.P.A. 1835 of 2023 Item No.10 Ct. No.35 dc.

M/s. Dbar Code Restro Bar & Club LLP versus State of West Bengal & Ors.

Mr. Partha Chakraborty, Mr. Rishabh Dutta Gupta, Ms. Debanjali Payra ... For the Petitioner.

Mr. Chayan Gupta, Mr. Rajesh Upadhyay, Mr. Akshay Jain Sukhani ... For the Respondent Nos. 5 & 6.

Affidavit-in-opposition filed on behalf of the respondent nos. 5 and 6 and affidavit-in-reply filed on behalf of the petitioner be kept with the record. The subject-matter of the writ petition relates to issues of 2018. Learned advocate appearing for the petitioner basically complains that the landlord has forced the petitioner to close its business by taking the law in his own hand.

On the other hand, learned advocate appearing for the private respondent nos. 5 and 6 submits that agreement has expired and the petitioner presently is a trespasser. It has also been submitted that civil court is already in seisin of the issue.

So far as the information which was furnished, it has been submitted that some steps were taken by the police authorities. Having regard to the fact that steps were taken by the police authorities and the civil court is already in seisin of the issue, I am of the view that at this stage after a

lapse of six to seven years, no interference is called for by this Court. Petitioner would ventilate its grievance before the appropriate forum be it the civil court or the criminal court who are in seisin of the cases in respect of the complaint or the civil case which has been filed.

With the aforesaid observations, the writ petition being WPA 1835 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)