SUSHANTA CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) I.C.I.C.I. Bank Limited, the fourth respondent in the writ petition, has filed this application dated July 14, 2009 for dismissal of the writ petition on the ground that after filing the writ petition and getting it admitted the petitioner has not been taking any step for hearing.

(2.) The petitioner took loan from the bank for purchasing a vehicle. In the terms of the agreement the petitioner's failure to pay according to the schedule of repayment was to entitle the bank to take possession of, the vehicle. The petitioner failed to repay the loan according to the terms and conditions of the agreement, and as a result the bank, in exercise of its right under the agreement, took possession of the vehicle on Jan. 18, 2007. Alleging that the bank forcibly took possession of the vehicle by engaging goondas, and that police, inspite of information, did not register F.I.R. and take necessary steps for investigation, the petitioner took out the writ petition dated March 23, 2007.

(3.) Counsel for the bank submits that since the writ petition is pending, the bank has not taken any step with respect to the vehicle. He says that it has been held by a division bench of this Court in Bhanu Pratap Singh Vs. State of West Bengal and others, 2007 (3) CHN 975, that such a petition as this is not simply maintainable. He has further said that notice of this application was sent to the petitioner, since his advocate refused to receive notice. Affidavit of service has been filed. None appears for the petitioner.