Mintu Mondal v. Iifl Home Finance Limited And ORS.

M/L 97 14.07.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 4112 of 2025 Mintu Mondal Vs.

IIFL Home Finance Limited & Ors.

Mr. Sukanta Ghosh Mr. Arghya Chatterjee ...for the Petitioner.

Mr. Amar Singh Mr. Ratul Deb Banerjee ...for the IIFL.

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner seeks remedy against IIFL Home Finance Limited. It is alleged that the Financial Institution is trying to take possession of a property not mortgaged to the Financial Institution.

3. According to the Financial Institution, any property which is not mortgaged to the Financial Institution will be taken possession of.

4. Learned advocate representing the Financial Institution raises an issue with regard to the maintainability of the writ petition as the respondent authority is a private entity.

5. The Financial Institution being a private entity, the writ petition will not be maintainable against the aforesaid respondent.

6. No relief can be granted to the petitioner in the instant writ petition. The writ petition fails and is hereby dismissed.

7. It will be open for the petitioner to approach the competent forum for remedy, in accordance with law, if so advised.

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

(Amrita Sinha, J.)