Mrityunjoy Dey And ANR. v. Union Of India And ORS.

03.07.2024 Ct. No. 09 Item No.254 Cp WPA No. 6598 of 2023 Mrityunjoy Dey & anr.

Vs.

Union of India & Ors.

Mr. P. K. Gupta Mr. Syed Julfiker Ali ...... for the petitioners.

Mr. Somnath Mukherjee .....for the Bank.

Ms. Tulika Banerjee .....for the brother-in-law/intervenor.

There is no scope for interference at this stage. A civil suit is pending with regard to various properties over which there are rival claims. Learned advocate for the petitioners fairly submits that the gold ornaments which are lying in the locker of the bank and in respect of which release has been prayed for in this writ petition, are also subject matters of the suit.

Under such circumstances, the writ court cannot pass any directions upon the bank to release the ornaments. The petitioners' remedy is available in the suit. The petitioners are at liberty to make any prayer before the learned civil court and the learned civil court can decide such issue upon hearing all the parties.

This court has also not expressed any opinion with regard to the rights of the rival parties in respect of the gold ornaments.

The brother-in-law who wants to intervene in this proceeding is not heard, as this court is not entertaining the prayers in the writ petition. The writ petition is accordingly disposed of. There shall be no order as to costs.

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

(Shampa Sarkar, J.)