Biswajit Das v. State Of West Bengal And ORS.

S/L 174 30.6.2022 Court. No. 19 sn WPA 2237 of 2022 Biswajit Das Vs.

The State of West Bengal & Ors.

Mr. Kajal Ray ... for the petitioner Mr. Pantu Deb Roy Mr. Pannalal Bandopadhyay ..for the State Mr. Sourav Chatterjee Mr. Soumya Nag ..for the respondent no.4 Upon hearing the learned advocates for the respective parties, this Court finds that the dispute between the petitioner and the respondent no.4 is over cancellation of a booking of a flat.

It is submitted by the petitioner that the respondent no.4 refused to pay back the petitioner the amount deposited upon retaining a percentage thereof, as per the agreement. The Court finds that essentially the petitioner seeks enforcement of the agreement. Mr.

Chatterjee, learned advocate for the respondent no.4 submits that the cheques are ready and shall be tendered to the petitioner, shortly. Under such circumstances, this Court is of the view that the police authorities do not have any role to play, in the matter. However, the remedy of the petitioner over such dispute, before any other forum is kept open. This order shall not cause any prejudice to any other proceeding that may be initiated by the

petitioner over the monetary dispute and the alleged breach of the agreement.

This writ petition is disposed of.

However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)