VARUN FINANCE CORPORATION v. STATE OF WEST BENGAL AND ORS.
MAT/2170/2025 · 2026-04-17
Partha Sarathi Sen, Sujoy Paul
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10105 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10105 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Ct.No.1 D/L 17.04.2026 45 Saikat Mukherjee MAT/2170/2025 WITH CAN/1/2025 WITH CAN/2/2026
VARUN FINANCE CORPORATION VS.
STATE OF WEST BENGAL AND ORS.
Mr. Prabhat Kr. Srivastawa, Adv. Ms. Arunima Hala, Adv. Ms. Ankita Singh, Adv. …For the Appellant
Ms. Jhuma Chakraborty, Sr. Govt. Adv. Mr. Gourav Das, Adv. …For the State
Dictated by Sujoy Paul, CJ.
In Re: CAN 2 of 2026
1. Parties are represented through their respective
learned counsel.
2. Affidavit-of-service filed is taken on record.
3. Report filed by State is taken on record as well.
4. Heard on CAN 2 of 2026 seeking condonation of delay of 102 days.
5. The applicant in CAN stated on account of medical contingency in her family she could not come to affirm this petition. Thereafter, there was Puja Vacation. Immediately thereafter, present appeal has been filed. The delay is unintentional and bona fide. Thus, delay may be condoned.
6. Learned counsel for State did not raise any objection on the condonation of delay.
7. We have heard the parties on this aspect, in our opinion, the delay is bona fide and unintentional. The delay has been properly explained and in our view, ‘sufficient cause’ has been shown.
8. Resultantly, CAN 2 of 2026 is allowed and delay is condoned.
9. CAN 2 of 2026 is, accordingly, disposed of. In Re: MAT 2170 of 2025
10. This intra-court appeal is directed against the
order of learned Single Judge dated 31st July, 2025, whereby WPA 16540 of 2025 was
disposed of.
11. The principal argument of learned counsel for the appellant/writ petitioner was that the petitioner is seeking mandamus for complying with the order dated 15th February, 2025, passed in G.R. No.3355 of 2016 by learned Additional Chief Judicial Magistrate, Sealdah.
12. On a specific query from the Bench, learned counsel for appellant fairly admitted that the court which has passed the said order dated 15th February, 2025, in G.R. No.3355 of 2016 is competent and equipped with the power to execute its own order.
13. In view of the matter, we are not inclined to entertain this petition and deed it proper to grant liberty to the appellant/writ petitioner to apprise the competent court about non- compliance of its order by filing appropriate application.
14. Learned counsel for the State submits that the vehicle in question was sold in e-auction on 29th April, 2022, pursuant to the order of learned Additional Chief Judicial Magistrate, Sealdah, dated 12th July, 2021. However, this fact was not brought to the notice of the Writ Court.
15. Considering the aforesaid, while disposing of this appeal by reserving liberty to the appellant to approach the same court for execution of the
order dated 15th February, 2025, we deem it proper to observe that it will be open to the Police/State to apprise the said court about the status of the vehicle.
16. With aforesaid, the intra-court appeal is
disposed of.
17. Accordingly, CAN 1 of 2025 is also disposed of.
(SUJOY PAUL, CJ.)
(PARTHA SARATHI SEN, J.)