Icici Bank Limited v. The State Of West Bengal And ORS.

D/L 69 26.06.2025 ct.no.35 Kausik W.P.A. 12466 of 2025 ICICI Bank Limited

Versus

The State of West Bengal & Ors.

Mr. Soumya Nag Mr. Aditya Tiwari Ms. Rupal Singh Mr. Ashok Kumar Singh ...for the petitioner.

Mr. Bibekananda Bose Mr. Suddhadev Adak Mr. Ziaul Haque Mr. Jahangir Hossain ...for the State.

Petitioner has prayed for desealing the property being flat no. 8E1, 8th Floor, East Block, Plot No. IIF/04, Street No. 372, Action Area IIF, New Town, PS Rajarhat.

Petitioner is a bank which claims equitable mortgage in respect of the property and intended to act under the relevant provisions of the SARFAESI Act. However, when they intended to take steps they found that that the said flat has been sealed in connection with Bidhannagar Cyber Crime Police Station Case No. 107/2022.

Learned advocate for the State has submitted a report of the Officer-in-Charge, Cyber Crime Police Station, Bidhannagar Police

Commissionerate which reflects that the said property referred to by the ICICI Bank/petitioner has been sealed in connection with Bidhannagar Cyber Police Station Case No. 107/2022 dated 05.07.2022 and information to that effect was also furnished before the learned ACJM, Bidhannagar.

Having regard to the fact that the learned ACJM, Bidhannagar is in seisin of the aforesaid criminal case, petitioner is granted liberty to approach the jurisdictional Magistrate with specific prayers. It would be the discretion of the Magistrate to consider the prayers of the petitioner in accordance with law.

Let such application be disposed of within 60 days from the date of such application.

With the aforesaid observations WPA 12466 of 2025 is disposed of.

Report so submitted be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)