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2026 DAILYLAW 35560 (CAL)

ARCHANA SIKDAR v. UNION OF INDIA AND ANR

WPA/21694/2026 · 2026-08-25

Om Narayan Rai

body2026

Judgment text

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C o u r t N . 2 2 S l 1 5 1 / C L 25.08.26 D/L Sl-03 Ct. 07 (Samar) WPA 21694 of 2026 Archana Sikdar Vs. Union of India & Anr. Mr. Ganesh Chandra Patra, Ms. Husna Ara, ….for the petitioner. Mr. Sayak Ranjan Gangyuly, Ms. Srijani Ghosh, Mr. S. Hussain, Mr. Pujal Musahib, ….for the respondent no. 3. Mr. Asit Kumar De, ….for the U.O.I. 1. Affidavit service filed in Court today is taken on record. 2. This writ petition seeks direction on the respondent no. 2 to provide up to date Bank statement in respect of the loan sanctioned of the respondent no. 2 to the petitioner. 3. Mr. Ganguly, learned advocate appearing for the respondent no. 2 submits that up to date statement of account will be provided to the petitioner. Insofar as the other prayer of the writ petition for appointment of arbitrator and mediator to settle the said loan in concerned, it is for the petitioner to take appropriate steps in case, there is any arbitration agreement. 4. Mr. Ganguly, further submits that challenging the SARFAESI action taken by the respondent no. 2 the 2 Bank has already approached the Debts Recovery Tribunal-2, Kolkata filing TSA No. 1229 of 2026. 5. It is further submitted that the property in respect whereof interim order has been served has already been sold in auction on June 24, 2026. 6. In any case, since the respondent no. 2 is a private company a writ petition against the said respondent is not maintainable in terms of the judgment of the Hon’ble Supreme Court in the case of Federal Bank Limited Vs Sagar Thomas & Ors. reported at (2003) 10 SCC 733 reiterated in S. Shobha Vs Muthoot Finance Ltd. reported at 2025 SCC Online SC 177. 7. Accordingly, this writ petition is not entertained. WPA 21694 of 2026 stands disposed of. No Costs. 8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Om Narayan Rai, J.)