Golam Nabi Molla And ORS v. State Of West Bengal And ORS.

27.04.2021 (S/L-16) Ct.-18 (P. Jana) (Via Video Conference) W.P.A. 9373 of 2021 Golam Nabi Molla & ors.

-Vs- The State of West Bengal & Ors.

Mr. Kajal Ray, Mr. Abdus Salam, Mr. Subrata Mukherjee, ....... For the Petitioners.

Mr. Victor Chatterjee, ....... For the respondent no. 2/IOC Affidavit of service filed in Court today be kept with the record.

The grievance of the petitioners is that second of the two cheques issued to them on account of crop compensation by the competent authority, Indian Oil Corporation Ltd., the respondent no. 2 herein, could not be encashed for lack of sufficient funds in the account of the said respondent.

The petitioners are praying for a direction for immediate payment of the amount under the said second cheque.

Mr. Victor Chatterjee, learned advocate appears on behalf of the respondent no. 2, he strongly disputes that the second cheque could not honoured for insufficiency of funds in the drawer's account. He, however, submits that if the petitioners contact the respondent no. 2, a fresh cheque would be issued to them.

In view of such stand being taken by the respondent no. 2, the writ petition being W.P.A 9373 of 2021 is disposed of by directing the respondent no. 2 to issue a fresh cheque to the petitioners in lieu of the said earlier second cheque, if contacted. Since no affidavit-in-opposition has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents. No order as to costs.

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

(Biswajit Basu, J.)