Subir Das And ANR v. State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 26412 of 2024 + CAN 1 of 2024 Subir Das & Anr.

VS The State of West Bengal & Ors.

Mr. Suman Sengupta Mr. Sk. Md. Masud Mr. Sanatan Panja Mr. Dipankar Ghosh ..... for the State Mr. N. C. Behani Ms. P. B. Behani Mr. S. Mukherjee Mr. M. Moitra .... For respondent Nos. 2 & 3 Mr. Avishek Guha Ms. Debika Misra .... For respondent No. 4 Mr. Subhankar Nag Mr. D. Basu Mallick Mr. Somnath Ray .... For respondent No. 5 None appears for the petitioners nor any 06.02.2025 (Item No. 1) (AB) accommodation has been sought for.

Mr. Suman Sengupta, learned senior advocate appears for State respondents.

Mr. N. C. Behani, learned senior advocate appears for respondent Nos. 2 and 3.

Ms. Debika Misra, learned advocate appears for respondent No. 4.

Mr. Subhankar Nag, learned advocate appears for respondent No. 5.

The orders passed on December 16, 2024, December 23, 2024 and January 9, 2025 speak for themselves.

The writ petitioners are defaulted borrowers. The respondent No. 4 is the lender bank. The default

went into such extent, that the account of the petitioners was classified as Non Performing Asset (NPA). Steps were taken under the SARFAESI Act, 2002.

To show bona fide to proceed with the writ petition the petitioners were put into terms by this Court and the last order dated January 9, 2025 shows the petitioners were granted time to deposit a sum of Rs.1.50 Crore with the learned Registrar General of this Court positively on or before January 16, 2025. The balance amount was directed to be deposited by January 30, 2025 positively.

Today this Court has been informed that no such deposit has been made by the petitioners. Mr. N. C. Behani, learned senior counsel has informed this Court that on instruction the order impugned in this writ petition has already been effected to its full force.

In view of the above, this writ petition being W.P.A. 26412 of 2024 stands dismissed, without any order as to costs.

Consequently, I.A. No. CAN 1 of 2024 also stands dismissed.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)