Nashiruddin Mondal v. Iifl Home Finance Limited And ORS.

25.02.2025 Item No. ML 121 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction AGM Appellate Side WPA No.20101 of 2024 Nasir Uddiin Mondal -vsIIFL Home Finance Limited & Ors.

Mr. Sukanta Ghosh ...for the petitioner Ms. Supal Singh Mr. Ashok Kumar Singh ...for respondents 1 & 2 Mr. Joydip Banerjee Mr. Subhra Ghosh ...for the State

1. The petitioner is aggrieved by the act on the part of IIFL Home Finance Limited in taking steps to take possession of the property which is not mortgaged to the financial institution.

2. Learned advocate representing the financial institution submits, upon instruction that, steps are being taken only in respect of the property which has been mortgaged to the financial institution.

3. As it appears the writ has been prayed for against the financial institution which is a private entity, accordingly, the same is held to be not maintainable.

4. It will be open for the petitioner to approach the competent forum for relief.

5. The writ petition stands disposed of.

6. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

[Amrita Sinha, J]