Mohammad Arman v. Icici Bank Limited And ORS.

M/L 169 17.02.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 29892 of 2024 Mohammad Arman Vs.

ICICI Bank Limited & Ors.

Mr. Arindam Banerjee, Sr. Adv.

Ms. Krity Keshari ... for the Petitioner.

Mr. Pratip Mukherjee Mr. Avishek Guha Ms. Shilpa Das Mr. P. Biswas ... for the Bank.

Mr. Jayanta Samanta Mr. Kazi Sajjal Alam ...for the State

1. Affidavit of service filed in Court today is taken on record.

2. It appears from the submissions made on behalf of both the parties that, in compliance of the directions passed by the Court on 3rd December, 2024 in WPA 27743 of 2024, the petitioner has already approached the Debts Recovery Tribunal. The application before the Tribunal is pending consideration and it has been reported that the next date of hearing before the Tribunal is 26th February, 2025.

3. Learned senior counsel representing the petitioner submits, upon instruction that, the petitioner has been dispossessed prior to the application being taken up for consideration by the learned Tribunal.

4. The instant writ petition is disposed of by granting leave to the petitioner to raise all points before the Tribunal.

5. It has been submitted by the learned advocate representing the bank that, the property in question has not been sold till date.

In view of the same, third party right shall not be created till 31st March, 2025 or until further order, whichever is earlier.

6. The writ petition stands disposed of.

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

(Amrita Sinha, J.)