Ajij Mallik v. State Of West Bengal And ORS.

04.11.2024 W.P.A. 22927 of 2024 Item No.14 Ct. No.35 dc.

Ajij Mallik versus The State of West Bengal & Ors.

Mr. Sanjib Kumar Mukhopadhyay, Ms. Prama Roy, Ms. Nargish Parveen ... For the Petitioner.

Ms. Sabnam De Bardhan, Mr. Jaladhi Das ... For the Respondent Nos. 1 to 5.

Ms. Zeenat Shabab ... For the Respondent No. 6.

Ms. Soni Ojha, Ms. Sambrita B. Chatterjee ... For the Respondent No. 7.

Report submitted by the learned advocate appearing for the State be kept with the record. Learned advocate appearing for the petitioner submits that although the petitioner has repaid, yet he is being harassed at the behest of the financer and the police authorities are inactive. The grievance of the petitioner relates to the act and actions of the finance companies being the private respondents.

In case there are any dues or the petitioner has already repaid and he is thereafter being subjected to any pressure or coercion, the same would be the domain of the jurisdictional civil court or if the hire purchase agreement contains an arbitration clause before the arbitrator concerned. Having considered the issues so canvassed in the writ petition and the report so submitted by the State, I am of the opinion that there is no scope for

interference by this Court. The petitioner would be at liberty to approach the appropriate civil/criminal court and/or take recourse to the agreement which was entered into with the finance company.

With the aforesaid observations, the writ petition being WPA 22927 of 2024 is disposed of. There shall be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)