Krishna Dogra (Pan) And ANR. v. State Of West Bengal And ORS.

D/L 27 10.04.2025 Bpg.

ct.no.35 W.P.A.28366 of 2024 Krishna Dogra (PAN) & Anr.

Versus

The State of West Bengal & Ors.

Mr. Shyamal Roy.

...for the petitioners.

Mr. Pantu Deb Roy Mr. Pannalal Bandopadhyay.

...for the State-respondents.

Mr. Shashwat Nayak Mr. Debasish Chakraborty.

...for the PNB.

Affidavit-of-service filed by the petitioners be kept with the record.

Petitioners complain that the recovery agents have been insulting and abusing the petitioners and the family members including the female folk. Learned advocate appearing for the Punjab National Bank submits that the petitioners are defaulter in respect of loan.

Mr. Deb Roy, learned advocate appearing for the State submits that police authorities have kept a strict vigil in respect of the accusations made. However, since alternative remedy is available, the act of the bank authorities cannot be deterred by the police authorities.

From the nature of the information submitted to the Superintendent of Police, Paschim Medinipur it reflects that the petitioners have an alternative remedy under the jurisdictional tribunal created under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. So far as remedies are concerned, the petitioners would be at liberty to approach the said tribunal. However, the police authorities would only see to the extent that no excesses are inflicted as complained of.

With the aforesaid observations, WPA 28366 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

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

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

(Tirthankar Ghosh, J.)