RABIUL ISLAM AND ANR. SHAHAN SHAH vs ADITYA BIRLA HOUSING FINANCE LTD AND ORS. — MAT/849/2026

Case under Police Act ,1861 Section NA. Disposed: Contested--DISPOSED on 22nd May 2026.

Case disposed Next hearing 18-May-2026

CNR: WBCHCA0216962026

Filing Number

MAT/857/2026

Filing Date

13-May-2026

Registration No

MAT/849/2026

Registration Date

13-May-2026

Judge

Hon'ble Chief Justice Sujoy Paul , Hon'ble Justice Partha Sarathi Sen

Coram

Hon'ble Chief Justice Sujoy Paul , Hon'ble Justice Partha Sarathi Sen

Bench Type

Division Bench

Category

GROUP A (WRIT MATTERS) ( 1 )

Sub-Category

POLICE INACTION/ACTION ( 1 )

Judicial Branch

STAMP REPORTER (SR) SECTION

Decision Date

22-May-2026

Nature of Disposal

Contested--DISPOSED

Last updated 29-May-2026

Acts & Sections

Police Act ,1861 Section NA

Petitioner(s)

  1. 1.RABIUL ISLAM AND ANR. SHAHAN SHAH

  2. 2.NAAZ ISLAM

Respondent(s)

  1. 1.ADITYA BIRLA HOUSING FINANCE LTD AND ORS.

  2. 2.BARNANA SEN

  3. 3.STATE OF W.B.

  4. 4.THE SUPDT. OF POLICE BENIAPUKUR

  5. 5.THE ADDL. SUPDT. OF POLICE BENIAPUKUR

  6. 6.THE OFFICER IN CHARGE BENIAPUKUR

  7. 7.THE I.C. BENIAPUKUR

Case History

  1. Case disposedDisposed

  2. 22-May-2026

    Hon'ble Chief Justice Sujoy Paul,hon'ble Justice Partha Sarathi SenView PDF

  3. 22-May-2026

    Hon'ble Chief Justice Sujoy Paul,hon'ble Justice Partha Sarathi SenView PDF

  4. 22-May-2026

    Hon'ble Chief Justice Sujoy Paul,hon'ble Justice Partha Sarathi SenView PDF

  5. 22-May-2026

    Hon'ble Chief Justice Sujoy Paul,hon'ble Justice Partha Sarathi SenView PDF

    Case Summary: MAT/849/2026 The appellants challenged a Single Judge's order granting possession protection to Aditya Birla Housing Finance (secured creditor). The court granted leave to appeal and condoned a 72-day filing delay. By mutual consent, the parties reached consensus: the appellants can file an application before the Debt Recovery Tribunal seeking return of their movable property from the mortgaged premises, with the DRT to decide independently without being bound by the Single Judge's order. The appeal was disposed of reserving liberty for appellants to pursue their movable property claim before the Tribunal. This case analysis is maintained by casestatus.in based on publicly available court records.

  6. 18-May-2026

    For Admission

    Hon'ble Chief Justice Sujoy Paul , Hon'ble Justice Partha Sarathi Sen

  7. 13-May-2026

    Case filed

    Registration No. MAT/849/2026

casestatus.in Summary

Case Summary: MAT/849/2026 The appellants challenged a Single Judge's order granting possession protection to Aditya Birla Housing Finance (secured creditor). The court granted leave to appeal and condoned a 72-day filing delay. By mutual consent, the parties reached consensus: the appellants can file an application before the Debt Recovery Tribunal seeking return of their movable property from the mortgaged premises, with the DRT to decide independently without being bound by the Single Judge's order. The appeal was disposed of reserving liberty for appellants to pursue their movable property claim before the Tribunal. This case analysis is maintained by casestatus.in based on publicly available court records.

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