Laltu Sinha v. The State Of West Bengal And ORS.

M/L 125 11.06.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 7310 of 2025 Sri Laltu Sinha Vs.

The State of West Bengal & Ors.

Mr. Joydeb Brahmachari Mr. Uttam Kr. Bhattacharyya ...for the Petitioner.

Mr. Somnath De ...for the Bank.

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

2. The petitioner being the borrower failed to repay the loan amount for which the bank proceeded to recover the same under the SARFAESI Act.

3. The petitioner prays for sympathetic consideration of his prayer for extension of time for repaying the loan amount by one time settlement measure.

4. Learned advocate representing the bank submits, upon instruction that, the petitioner was granted opportunity to redeem the loan account by making payment on 17th March, 2025 but the petitioner failed to deposit a single sum.

5. It has been submitted that physical possession of the property had been taken on 5th May, 2025 and at this stage there is no scope for settlement of the loan amount as prayed for the by the petitioner.

6. Upon hearing the parties, it appears that the petitioner was unable to repay the loan amount for which the bank took steps under the SARFAESI Act.

7. In the event the petitioner is aggrieved by any act of the bank for recovery of the loan amount, then the petitioner ought to approach the competent forum for relief in accordance with law, if so advised.

8. The writ petition stands disposed of.

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

(Amrita Sinha, J.)