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Calcutta High CourtWPA/4765/2023disposed

Subrata Pradhan v. Addl. Reg. Of Coop. So. And ORS.

2023-03-22Hon'Ble Justice Md. Nizamuddin2 pages

22.3.2023 ks WPA 4765 of 2023 sl. 126 Subrata Pradhan Vs Addl. Registrar of Co-operative Societies & Ors. Mr. Asis Bhattacharyya, Mr. B. Mitra ... For the Petitioner.

Mr. Pradip Kumar Ray, Mr. Joydeep Roy ... For the State.

Mr. P.C. Bhattacharyya, Mr. Chandan Kumar Lal ... For the Respondent No.4.

Mr. Malay Kumar Roy ... For the Respondent No.5.

Heard learned Advocates appearing for the parties. Petitioner has filed this writ petition challenging the impugned coercive action of auctioning the property in question by the Bank concerned for realization of its dues towards the loan amounting to Rs. 9,47,785/-. Learned Advocate appearing for the petitioner on instructions submits that petitioner is ready and willing to pay the aforesaid amount to avoid the auction in question.

Considering the facts and circumstances of the case and submission of the parties, this writ petition being WPA 4765 of 2023 is disposed of by directing the Bank/respondent No.4 not to take any steps for auctioning the property in question, if the petitioner pays the aforesaid amount, within 30 day from date. In case of default in making payment within the time stipulated herein, this order will not have any force

and the respondent No.4 will be free to proceed against the petitioner for recovery of the demand in question in accordance with law.

( Md. Nizamuddin, J. )