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2019 DIGILAW 80 (CAL)

BANK OF INDIA v. SHILTU SHAW

2019-01-17

ARINDAM MUKHERJEE, BISWANATH SOMADDER

body2019
JUDGMENT : BISWANATH SOMADDER, J. 1. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay. 2. The instant appeal arises out of a judgment and order dated 4th December, 2018, passed by a learned Single Judge in WP 22213 (W) of 2018 (Shiltu Shaw vs. Bank of India & Ors.). By the impugned judgment and order, the learned Single Judge was pleased to dispose of the writ petition with certain directions. 3. The instant appeal has been preferred by the concerned Bank, namely, Bank of India, its Zonal Manager and the Branch Manager, Narendrapur Branch. 4. For convenience, the relevant portion of the impugned judgment and order is reproduced hereinbelow:- "Indisputably, the order passed in the earlier writ petition on 24th July, 2018 was communicated to the bank by a letter dated 27th August, 2018. The vehicle was in possession of the petitioner on the date this Court disposed of the earlier writ petition. Without complying with the directions contained in the said order, the bank ought not to have taken over possession of the vehicle. Such procedure as adopted by the bank is not sustainable. Under such circumstances, this Court directs the bank authorities to hand over possession of the vehicle to the petitioner within a period of seven days from date. After handing over possession, the bank will consider the petitioner's representation dated 23rd May, 2018 in terms of the directions contained in the earlier order, upon granting an opportunity of hearing to the petitioner and shall take a decision, in accordance with law and communicate the same to the petitioner within a period of four weeks from the date of communication of this order. In the event the petitioner's prayer as contained in the representation dated 23rd May, 2018 is rejected, the bank would be at liberty to take further steps, in accordance with law. With the above observations and directions the writ petition is disposed of. There shall, however, be no order as to costs." 5. A bare perusal of the above observations and the directions reveal no palpable infirmities or perversities. That apart and in any event, the impugned judgment and order is supported with cogent and justifiable reasons. 6. With the above observations and directions the writ petition is disposed of. There shall, however, be no order as to costs." 5. A bare perusal of the above observations and the directions reveal no palpable infirmities or perversities. That apart and in any event, the impugned judgment and order is supported with cogent and justifiable reasons. 6. During the course of hearing, we had directed the learned advocate representing the Bank to furnish the name of the concerned officer who shall consider the writ petitioner's representation dated 23rd May, 2018. The name and designation as well as the address of the concerned officer which was provided by the learned advocate for the Bank is reproduced hereinbelow:- Biswajit Banerjee Senior Manager (Recovery), Bank of India, Zonal Office, 5, B.T.M. Sarani, Kolkata 700001. 7. We direct the respondent/writ petitioner to approach this officer at 12 noon on 31st January, 2019. 8. The concerned officer of the bank shall, on being approached by the respondent/writ petitioner, take a decision in the matter as directed by the Court in the judgment and order dated 4th December, 2018 and communicate the same to the appellant/writ petitioner within a period of three weeks from that date. 9. The respondent/writ petitioner shall comply with the decision of the concerned officer of the Bank within a fortnight therefrom. 10. The impugned judgment and order dated 4th December, 2018, stands modified only to the extent as stated hereinabove. 11. The appeal and the application for stay stand disposed of accordingly. 12. Urgent photostat certified copy of this judgment, if applied for, be given to the learned advocates for the parties. Arindam Mukherjee, J. : I agree.