Authority: High Court at Calcutta, Circuit Bench at Port Blair
Order Date: September 23, 2026
Case Overview
- Petitioner: M/s Sri Makaabha Paper Products Pvt. Ltd, represented by Mr. Siddhartha Singha, K.
- Respondents: Managing Director and another, representing Andaman and Nicobar State Cooperative Bank Limited, represented by Ms. A.S. Zinu.
- The petitioner claimed to be a loanee of the bank, having availed a term loan of Rs 90.00 lakhs and asserting repayment of nearly Rs 1 crore.
- The petitioner sought a direction under Article 226 of the Constitution for the bank to participate in Lok Adalat proceedings to settle the loan account.
- The respondent bank opposed the maintainability of the writ petition.
Court Reasoning
- The Court observed that a pre‑existing enforceable right is a prerequisite for invoking writ jurisdiction under Article 226.
- It held that the petitioner had not demonstrated any enforceable right that would compel the bank to settle the dues in Lok Adalat.
- Consequently, the relief sought was deemed misconceived.
Final Outcome
- The writ petition is dismissed.
- No opinion is expressed on the merits of the petitioner’s claim.
- The petitioner remains free to pursue remedies before the appropriate forum in accordance with law.
- All parties are directed to act on a server copy of this order downloaded from the Court’s official website.
Topics: Court Proceedings, Banking Dispute