Sanjoy Bachhar and Anr. v. State of West Bengal and Ors.
Case brief
What is this about?
Calcutta High Court, Division Bench, M.A.T. 429 of 2025, decided 22.04.2025 (heard and delivered same day). Keywords: maintainability of Article 226 writ petition; private finance company; SARFAESI Act action; U. P. State Co-operative Land Development Bank Ltd. v. Chandra Bhan Dubey (AIR 1999 SC 753) distinguished; State-controlled co-operative society contrasted with private finance company; Single Bench dismissal of W.P.A. 3872 of 2025 upheld; intra-Court appeal dismissed with liberty to approach appropriate forum. Coram: T.S. Sivagnanam, C.J. (author); Chaitali Chatterjee (Das), J. (concurring, 'I agree').
What did the court decide?
In U. P. State Co-operative Land Development Bank Ltd. v. Chandra Bhan Dubey the appellants before the Supreme Court were a Co-operative Land Development Bank and Article 226 jurisdiction was available because the affairs of the Co-operative Society are controlled by the State Government; the factual position in the instant case is entirely different, respondent no.3 being a private finance company, and the learned Single Bench was therefore right in dismissing the writ petition.