Sonali Bera v. The State Of West Bengal And ORS.

02.07.2024 d.p.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side W.P.A. 15193 of 2024 Smt. Sonali Bera -versus The State of West Bengal & Ors.

Mr. Asis Bhattacharya, Mr. Sukhen Bar, Ms. Kumari Nilam Shaw.

...For the Petitioner.

Mr. Dipanjan Datta, Mr. Bipin Ghosh.

...For the State.

Mr. Arka Maity, Mr. Nepesh Majhi, Mr. Hemanta Kumar Das, Ms. Poushali Das.

...For the Bank.

The respondent no. 4 being the Union Bank has filed an affidavit disclosing the agreement in between the petitioner and the Bank wherein the financer has been given the authority to seize, recover and take possession of the vehicle if the installment is not paid on time.

Admittedly, two installments have fallen due by the petitioner.

As it appears that there is a contract in between the parties and the Bank is taking steps in accordance with the said contract, accordingly, it will be open for the parties to approach the appropriate forum for relief.

The writ court will not be the appropriate forum to enter into and decide contractual matters.

The writ petition fails and is hereby dismissed. The interim order stands vacated.

Due to inadvertence the appearance of all the learned advocates appearing on behalf of the State respondents was not recorded in the order dated 25th June, 2024. Be it recorded that Mr. Dipanjan Datta learned advocate appeared on behalf of the State in this matter on 25th June, 2024 and is also present today. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)