State Bank Of India And ANR v. State Of West Bengal And ORS

OD 9

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/37/2025 STATE BANK OF INDIA AND ANR VS STATE OF WEST BENGAL AND ORS

BEFORE:

The Hon'ble JUSTICE TIRTHANKAR GHOSH Date : 21th May, 2025 Appearance:

Mr. Debjit Mukherjee, Adv.

Ms. Priyanka Jana, Adv.

... for the State.

The Court:- Affidavit-in-opposition filed by the State be kept with the record.

Report submitted by the State be kept with the record. Petitioner is granted liberty to file a specific complaint with the Officer-In-Charge of appropriate police station. If the complaint reflects that a cognizable offence is made out, in that case the police authorities would under the relevant provisions of BNSS, 2023 proceed in accordance with law. The petitioner would file such complaint within a period of seven days or at the earliest. In case the Police Authorities so deem it fit they would be at liberty to seize the vehicles at their end after assessing the documents supplied by the Bank Authorities.

Learned Advocate appearing for the petitioner undertakes that they would also take steps under the relevant provisions of the SARFAESI Act. Be that as it may, in the light of the observations made

above, the petitioners and the police authorities would act as they think fit and proper in respect of the complaint proposed to be filed by the petitioner.

With the aforesaid observations WPO/37/2025 is disposed of. (TIRTHANKAR GHOSH, J.) JM