Calcutta High Court (Appellete Side)
Prakash Kumar Damani & Ors vs Punjab National Bank & Ors on 30 September, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
9.2019
08 W.P. No. 19255(W) of 2019
Prakash Kumar Damani & Ors.
Vs.
Punjab National Bank & Ors.
Mr. Mainak Bose
Mr. Rajarshi Dutta,
Mr. V.V.V. Sastry,
Mr. Tridib Bose.
...for the petitioners.
Mr. Ramesh Chandra Prusti,
Mr. Balaram Pandit.
...for the respondent no.1.
Mr. Surosij Dasgupta, Mr. Bimalendu Das.
...for the respondent no.3.
The petitioners are guarrantor of an account. They seek quashing of an email dated September, 23 2019 by which the bank is seeking to proceed against them.
Learned Counsel appearing for the petitioner submits that, the account of the borrowers stand settled by virtue of a resolution application approved by the National Company Law Tribunal (NCLT). The bank therefore cannot make such claim against the petitioners.
Learned Counsel appearing for the bank draw the attention of the Court to the minutes of the meeting in the proceeding before the NCLT. He submits that, the previous guarantees are outside the purview of the resolution application.
In the facts of the present case, at this stage no interim order is called for and it would be appropriate to permit the parties to file affidavits.
Let affidavit-in-opposition be filed within two weeks after reopening of the Court after the Puja Vacation. Reply thereto, if any, be filed within one week thereafter.
The writ petition will be treated as ready for hearing immediately on completion of the time stipulated for filing affidavits.
Liberty is given to the parties to mention the matter for early hearing. 2 Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)