Surojeet Kar vs State Of West Bengal & Ors.

The present writ petition has been preferred inter alia praying for issuance of necessary direction upon the police authorities to initiate appropriate

proceedings against the respondent no.4 on the basis of a complaint dated 28th May, 2018 and for a direction upon the police authorities to take steps

for protection of the life and property of the petitioner.

Learned advocate appearing for the petitioner submits that though a one-time settlement has been arrived into between the petitioner and the

respondent no.4, the said respondent is not allowing the petitioner to run his business and has kept the petitioner’s office-cum-factory room under

lock and key.

Complaining about such action the petitioner through his learned advocate submitted a representation to the respondent no.4 on 28th May, 2018 but the

same has not been considered and as a consequence thereof, the petitioner is suffering extreme hardship and is not being able to continue with the

business.

Learned advocate appearing for the respondent no.4 submits that the writ petition itself is not maintainable since the possession of the office-cum-

factory room has already been taken over by the bank. Aggrieved thereby, the petitioner filed an application under

Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the SARFAESI

Act) and in the same the petitioner was directed to pay an amount of Rs.15,00,000/- within 15 days from the date of the order and a further amount of

Rs.10,00,000/- within 30 days from the date of the order. The said order has not been complied with by the petitioner.

Upon hearing the learned advocates appearing for the respective parties and upon considering the materials on record, I am of the opinion that

pertaining to the dispute raised in the present writ petition, appropriate order has been passed by the competent forum in terms of the SARFAESI Act.

Such order has not been complied with by the petitioner and instead he has submitted a representation and has prayed for a direction upon the police

authorities to take appropriate steps.

Involving the police authorities, the petitioner cannot re-agitate a claim which has been considered and an appropriate order has been passed by the

competent forum in terms of the SARFAESI Act. Accordingly, the writ petition is dismissed. There shall, however, be no order as to costs. Urgent

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