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Calcutta High CourtWPA/2201/2024disposed

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

2025-08-18Hon'Ble Justice Tirthankar Ghosh2 pages

M/L 111 18.08.2025 ct.no.35 Kausik W.P.A. 2201 of 2024 M/s. Dbar Code Restro Bar & Club LLP

Versus

State of West Bengal & Ors.

Mr. Partha Chakraborty Ms. Sayantika Auddya ...for the Petitioner.

Mr. Rajesh Upadhyay Mr. Supriyo Kundu ...for the respondent nos. 6, 7 & 8.

Mr. Wasim Ahmed Mr. Md. Sehabuddin ...for the State.

Petitioner is aggrieved by the fact that police authorities did not respond to the information which was furnished to them. Records reflect that last of such representation was in the year 2023. It is seen from the records itself that Karaya PS Case No. 300 dated 29.11.2023 was registered under section 380/420/120B of the Indian Penal Code.

Petitioner complains of removal and illegal retention of certain goods belonging to the partnership firm.

Records of the case also reflect that a title suit being T.S. No. 03 of 2020 is pending before the Commercial Court at Alipore. It has also been

brought to the notice of the Court that arbitration proceedings are pending between the parties.

Be that as it may, since the police authorities have registered a case and the grievance of the petitioner is relating to recovery of the goods/articles which were removed, I direct that the petitioner would, before the jurisdictional court in seisin of Karaya PS Case No. 300 dated 29.11.2023, prefer an application. Learned Court in seisin of the matter would consider the same in accordance with law.

With the aforesaid observations WPA 2201 of 2024 is disposed of.

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

(Tirthankar Ghosh, J.)