Rijia Begum v. State Of West Bengal And ORS.

18.03.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 11429 of 2024 Rijia Begum -versus The State of West Bengal & Ors.

Mr. Bhaskar Chandra Manna.

...For the Petitioner.

Mr. Amal Kumar Sen, AGP, Mr. Kushal Biswas.

...For the State.

Mr. Pabitra Charan Bhattacharjee.

...For the Respondent Nos. 2 & 3.

1.

The petitioner is a defaulting borrower. She made an application before the Bank in April 2024 seeking six months' time for repayment of the due amount. The six months time has elapsed by now. The petitioner has not been able to repay any amount that was due and payable by her.

2.

The Bank has issued a proclamation of sale notice in February 2025. 18th March, 2025 has been fixed for sale of the mortgaged property.

3.

The petitioner submits that she may be permitted to repay the entire balance amount within two months.

4.

Learned advocate appearing on behalf of the Bank submits that despite time granted to the petitioner, the loan amount has not been repaid. 5.

Upon hearing the parties it appears that, admittedly, the petitioner has not been able to repay the

loan amount for nearly the last one year after making her representation seeking time to pay off the dues. The Bank has proceeded to sell off the mortgaged property. 6.

It will be open for the Bank to proceed with the sale but not to confirm the same till 30th May, 2025. 7.

If the petitioner is unable to clear off the dues by 20th May, 2025, the Bank may proceed for confirmation of the sale in favour of the eligible bidder. 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.)