Cholamandalam Investment And Finance Company Ltd And ANR v. State Of West Bengal And ORS.

712 13.12.2023 NB Ct. 14 WPA 11946 of 2023 Cholamandalam Investment & Finance Company Ltd. & Anr. Vs.

The State of West Bengal & Ors.

Mr. L. Vishal Kumar, Ms. Manaswita Mukherjee.

..for the petitioners.

Mr. Wasim Ahmed, Mr. Benazir Ahmed.

...for the State.

Learned counsel appearing on behalf of the petitioners submits that despite an order passed under Section 14 of the SARFAESI Act, the police have not complied with the directions to provide police help for taking physical possession of the secured asset. The matter has remained pending since September, 2022.

Learned counsel appearing on behalf of the State denies the allegation of police inaction and submits that the Commissioner of Police, Bidhannagar was not properly addressed while seeking such relief.

It appears that there is some confusion regarding whether the Commissioner of Police, Bidhannagar was properly communicated/addressed or not.

Be that as it may, let the petitioner make a fresh representation before the Commissioner of Police, Bidhannagar Police Commissionerate in terms of the order passed under the SARFAESI Act.

The police authorities shall thereafter act expeditiously and in accordance with law.

With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)