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2026 DAILYLAW 245 (CAL)

M/S. LIFESTYLE INTERNATIONAL PRIVATE LIMITED v. STATE OF WEST BENGAL AND ORS.

WPA/5049/2026 · 2026-03-11

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25. 25. (DL) (DL) 11.03.2026 11.03.2026 Ct. No. 05 (ARPAN) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 5049 OF 2026 M/S LIFESTYLE INTERNATIONAL PRIVATE LIMITED VS. THE STATE OF WEST BENGAL AND OTHERS Mr. Rishad Medora, Adv. Mr. Shatanshu Panda, Adv. Mr. Meghajit Mukherjee, Adv. Mr. Gourav Das, Adv. Ms. Priyanka Mitra, Adv. Mr. Dhirodatto Chaudhuri, Adv. …for the Petitioner Mr. Nayan Chand Bihani, Sr. Adv. Mr. Sasthi Charan Dhara, Adv. …for the State Mr. Jayanta Kumar Das, Adv. Mr. Gourav Das, Adv. Mrs. Madhumanti Das, Adv. …for the Private Respondents 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. It is submitted on behalf of the petitioner that pursuant to termination of lease agreement at the instance of the petitioner, it is right of the petitioner to take out apparels and goods which are lying at the premises in question, but private respondents on using force are not permitting the petitioner to do the same from the said premises in question which situates at Balurghat, Dakshin Dinajpur. 3. From the submissions made on behalf of the parties, it appears a Money Suit No.28 of 2025 is pending before the Civil Judge (Senior Division), Balurghat, Dakshin Dinajpur. Such suit was instituted by the private respondents against the petitioner herein. 2 4. State respondents are represented by learned advocate who has submitted that since a suit is pending before the Civil Court, at this stage, direction may not be given upon the police authorities for providing assistance which would facilitate the petitioner to take out goods lying at the premises in question. 5. Taking note of the submissions made on behalf of the parities, Court finds aforesaid suit is pending and during pendency of the suit it would not be appropriate to issue mandamus directing the concerned police authorities to provide help to the petitioner for taking out goods stacked at the premises in question. 6. If by dint of the order of this Court with the assistance of the police authorities goods are taken out, in that event, nothing may be left open to be decided in the pending suit. 7. In aforesaid conspectus writ petition stands disposed of. 8. Liberty is granted to the petitioner to pursue the remedy before the Civil Court in connection with the application which has already been filed by the petitioner. [3] 9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)