M/S. Satish Chandra Furniture, Proprietor Mr. Nani Gopal Dey And ORS. v. The State Of West Bengal And ORS.

20-12-2024 Item No.3 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.21706 of 2024 M/s. Satish Chandra Furniture & Ors.

-vsThe State of West Bengal & Ors.

Ms. Sneha Singh ...for the petitioners Mr. Amal Kumar Sen, AGP Ms. Ashima Das (Sil) ...for the State Ms. Sangita Misra Mr. Ghanshyam Pandey ...for the bank 1.

Learned advocate representing the petitioners submits, upon instructions, that the petitioners have voluntarily handed over physical possession of the mortgaged property to the bank, and that the bank has already sold the property in eauction in the month of March 2024 and the sale proceed has been adjusted with the loan account of the petitioners.

2.

The petitioners have file an affidavit declaring that they intend to withdraw the writ petition with the hope and expectation that the bank will refund the petitioners the balance excess amount which is retained by the bank, after adjustment of the sale proceeds with the loan account.

3.

Learned advocate for the bank relies upon a communication dated December 16, 2024 addressed by the branch manager by the petitioners wherein the petitioners have been requested to submit the withdrawal letter of the

writ petition to the bank.

4.

In view of the above, there is no requirement of further proceeding with the writ petition. The same stands disposed of.

5.

The communication dated December 16, 2024 filed by the bank and the affidavit filed by the petitioners be taken on record.

6.

All parties are to act on the server copy of this order duly downloaded from the official website of this court.

7.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]