Sunil Kumar Shaw And ORS. v. Punjab National Bank And ORS.

THURSDAY Court : MB-24 Item : AD-03 Status : DO ID : 266312 AR : NANDY In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 25538 OF 2025 SUNIL KUMAR SHAW & ORS.

VS.

PUNJAB NATIONAL BANK & ORS.

MR. ANJAN BHATTACHARYA, ADVOCATE MS. ANITA SHAW, ADVOCATE MS. SEEMA THAKUR, ADVOCATE ......for the Petitioners MR. ABHISHEK BANERJEE, ADVOCATE MS. TRISA CHANDA, ADVOCATE ......for the Respondent-Bank

1. Affidavit of service, as filed, be kept with the record.

2. The petitioners are aggrieved by the acts of commission and/or ommission of the Bank in not returning the value of two decimals of land at the agreed rate of consideration to the petitioners along with interest at the rate of 12% per annum from the date of deposit.

3. Mr. Bhattacharya, learned Advocate representing the petitioner, submits that his clients were the successful purchasers in an auction conducted by the Bank and even after depositing the money, the possession of a portion of the land could not be handed over to the petitioners. It is the value of this portion (two decimals) which was directed to be returned by the Bank to the petitioners, initially by the Division Bench on 25.08.2020 directing the Tribunal to take steps in the matter and thereafter, by the Tribunal by its order of 16.12.2024.

4. Mr. Banerjee, learned Advocate appearing for the respondentBank submits that even though there is an alternative and efficacious remedy available to the petitioners, the respondentBank will look into the matter and dispose of the issue in terms of the order of the Tribunal within a period of six weeks from date i.e. by 08.01.2026 and return such value within the afore-stated date to the petitioners.,

5. In view of such submissions made by the Bank, which is appreciated, no order need be passed on the writ-petition.

6. The writ-petition being WPA 25538 of 2025 is accordingly disposed of. No order as to costs.

(REETOBROTO KUMAR MITRA, J.)

P a g e | 2