Maa Kumudini Bhander v. State Of West Bengal

WPA 6878 OF 2023 29.03.2023 Sl no. 127 Maa Kumudini Bhander Ct no. 2 - Vs - P.M.

The State of West Bengal & Ors.

Mr. Tarun Kumar Das, Mr. Bhaskar Sengupta ... for the petitioner Mr. Pradip Kumar Ray, Mr. Prabir Kumar Ray Mr. Joydeep Roy ... for the State Mr. Madan Mohan Roy ... for respondent No. 4 & 7 Heard learned advocates appearing for the parties.

Petitioner has filed this writ petition against the impugned action of recovery of the loan in question by taking coercive step of auctioning of the property in question belonged to the petitioner. Petitioner submits that it has also made a representation dated 14th March, 2023 before the Secretary of the respondent society to consider for one time settlement by its representation.

Learned advocate representing the respondent Co-operative society submits that the Board is not in existence at present, as such highest designated employee who is the Manager, may be directed to consider the aforesaid representation for one time settlement of the bank debts.

Considering the facts and circumstances of this case and submission of the parties this writ petition being WPA 6878 of 2023 is disposed of by granting liberty to the petitioner to make appropriate representation before the highest designated employee of the society concerned for one time settlement of loan by 31.03.2023, and if such representation is made before such authority, he will consider and dispose of the same by taking a reasonable stand after giving opportunity of hearing to the petitioner or its authorized representatives before the date of impugned auction, which is fixed on 5th April, 2023.

(Md. Nizamuddin, J.)