Kapil Dev Shaw v. Union Of India And ORS.

Form No. J.(2) Item No. 7

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE HEARD ON: 24.04.2024 DELIVERED ON: 24.04.2024

CORAM:

THE HON'BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA M.A.T. 1794 of 2023 With I.A. No. CAN 1 of 2023 Kapil Dev Shaw Vs.

Union of India & Ors.

Appearance:- Mr. Dilip Kr. Samanta Mr. Biswapriya Samanta .........for the appellant Mr. Debashis Saha ..........for the State Bank of India

JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. This intra-Court appeal by the writ petitioner is directed against the order dated 4th September, 2023 in W.P.A. 21476 of 2023 by which the writ petition was disposed of by granting liberty to the appellant to participate in the auction sale of the vehicle, which was re-possessed from the appellant on account of a default made in the repayment of the loan availed by the appellant.

2. At the outset, we need to point out that the writ petition is not maintainable as this is purely a loan transaction between the appellant and the respondent/bank and merely because the respondent/bank is State Bank of India, a writ cannot be entertained in such manner.

3. In any event, the learned Single Bench has granted certain liberties and it appears that the appellant has not availed such liberty and the respondent/Bank has already sold the vehicle.

4. Hence, we find no ground to interfere with the order passed by the learned Single Bench. Accordingly, the appeal and the connected application stand dismissed.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(HIRANMAY BHATTACHARYYA, J.) Pallab/KS AR(Ct.)