Aditya Narayan Baildya v. State Bank Of India And ORS.

26.08.2022 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18164 of 2022 Aditya Narayan Baildya Vs.

State Bank of India & Ors.

Mr. Swarup Banerjee, Mr. Arindam Chatterjee ...for the petitioner Ms. Deblina Labiri ...for the respondent-Bank Learned counsel appearing for the petitioner, on instruction, submits that the petitioner wants to clear off the balance payment as per the communication dated July 14, 2022 by the respondent - State Bank of India (Annexure P-1 at page 21 of the writ petition), within the scheduled timeline, that is, October 23, 2022. It is submitted that it will be evident from the said communication itself that certain portion of the total dues have already been paid by the petitioner. Learned counsel appearing for the Bank contends that the gamut of the challenge is against the said communication. As such, in the event the petitioner complies with the said instruction as per the letter-inquestion, there cannot be any further refusal by the Bank on such score.

Accordingly, W.P.A. No. 18164 of 2022 is disposed of by directing the petitioner to strictly comply with the communication dated July 14, 2022 of the State Bank of India (Annexure P-1 at page 21 of the writ petition) within the timeline given therein, that is, October 23, 2022 by paying the balance amount to the respondentBank within the said period, after deducting the amounts already paid in pursuance of the said communication.

Upon such payment being cleared, the respondent-Bank will do the needful including issuance of "No Due Certificate", etc.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)