Calcutta High Court (Appellete Side)
Contai Co-Operative Bank Limited & Anr vs State Bank Of India & Ors on 31 January, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1 31.01.2017
.
rc W.P. No.1463(W) of 2017 Contai Co-operative Bank Limited & Anr.
Versus State Bank of India & Ors.
Mr. Joydip Kar
Mr. Billawadal Bhattacharjee
Mr. Sayak Chakraborty .. For the Petitioner
Mr. Subrata Kumar Sinha
Mr. A. Patra .. For the SBI
The petitioner assails the letter dated January 11, 2017 issued by the State Bank of India.
Learned Senior advocate for the petitioner submits that, the petitioner has a subsisting contract by which the petitioner is entitled to utilise the existing platform of State Bank of India for the purpose of operation of the debit and credit Cards issued to the customers of the petitioner. He submits that the petitioner apprehends that the State Bank of India is likely to terminate the subsisting contract with effect from January 31, 2017. He refers to the letter dated January 11, 2017 of the State Bank of India in this regard. He, therefore, seeks intervention of the Court.
Learned advocate for the State Bank of India, submits that the writ petition is premature. He refers to the contract, particularly, clauses 7.2 and 7.3 therein. He submits that, the impugned writing dated January 11, 2017 is not a notice contemplated under clause 7.2 of the contract. He submits that, clause 7.3 of the contract permits the State Bank of India to terminate the agreement on the happening of the exigencies noted therein. He submits that, the impugned letter dated January 11, 2017 is not one under Clause 7.3. He submits that the petitioner will have a period of 30 days notice issued under clause 7.2. 2 The impugned notice has not been issued under clauses 7.2 and 7.3. He submits that the writ petition is premature.
Having regard to the submissions made on behalf of the State Bank of India that, the State Bank of India has not invoking clause 7.2 by the impugned letter dated January 11, 2017 and that the impugned notice is also not under clause 7.3, it would be appropriate not to interfere in this writ petition at this stage.
All points raised by the parties are kept open.
W.P. No. 1463(W) of 2017 is disposed of without any order as to costs. 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.)