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2025 DAILYLAW 37431 (CAL)

PRABIR DAS MAJUMDER v. THE STATE OF WEST BENGAL AND ORS.

WPA/20033/2024 · 2025-04-04

Shampa Dutt Paul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

04.04.2025 Ct. No. 30 S.L No. 5 SM WPA 20033 of 2024 Prabir Das Majumder Versus The State of West Bengal & Ors. Mr. Biswajib Ghosh Mr. Sayan Chattopadhyay Mr. Sumitava Chakraborty …..for the petitioner Mr. Sukanta Chakraborty Mr. Anindya Halder ……for respondent no. 3 to 5 Ms. Suchismita Ghosh Chatterjee …..for the respondent nos. 6, 7 Mr. Ankit Sureka Mr. Biplab Das ……for the respondent no. 2 Ms. Sipra Mazumder Mr. Prativa Ghatak ……for the State 1. The present writ application has been preferred praying for direction upon the respondent bank and its men and agents to release the collateral security, being the title deed of premises no. 23/15, Naktala Lane, Kolkata 700 047 situated at Plot No. CS 530 and 531 at Naktala J.L. 32, with immediate effect and to cancel the letter dated 21st August, 2023 and other reliefs. 2. It appears from the letter dated 21.08.2023 that the Managing Director of the West Bengal Co- operative Bank Limited has replied to the complaint lodged by the petitioner with the bank and the petitioner vide the said letter has been asked to pay an amount of Rs. 13,54,360.94/- along with interest 2 @ 8.50% per annum as per banks settlement letter dated 26.12.2022. 3. Being aggrieved, the petitioner has approached the writ Court for relief. 4. Learned counsel appearing for the respondent no. 3 to 5/West Bengal State Co-operative Bank Private Limited submits that any dispute raised relating to the bank has to be first addressed before the Registrar of Co-operative Societies under Section 102 of the West Bengal Co-operative Societies Act, 2006. 5. Admittedly the petitioner has not approached the Registrar. 6. Considering the said fact and the materials on record, the writ application is disposed of with the liberty granted to the petitioner to move the Registrar of Co-operative Societies as per Section 102 of the Act within 15 days from the date of this order and the Registrar shall make all endevour to dispose of the said dispute within a period of 30 days from the filing of the said complaint, on hearing all the parties and by passing a reasoned order in accordance with law. 7. Applications, if any, connected thereto stand disposed of consequently. 8. Interim order, if any, stands vacated. 3 9. Photostat certified copy of this order, if applied for, being given to the parties on priority basis upon compliance of all formalities. [Shampa Dutt (Paul). J]