Calcutta High Court
M/S. Wpil Limited vs State Bank Of India And Ors on 28 September, 2022
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
OD-3
ORDER SHEET
WPO/2429/2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S. WPIL LIMITED
VERSUS
STATE BANK OF INDIA AND ORS.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : September 28, 2022.
Appearance:
Mr. Joy Saha, Sr. Adv.
Mr. Krishnendu Bhattacharya, Adv.
Ms. Somali Mukhopadhyay, Adv.
Mr. Priyankar Ganguly, Adv.
Ms. Shalini Bairagi, Adv.
...for the petitioner Mr. Soumya Roy, Adv.
Mr. Santosh Mahato, Adv.
...for the SBI Mr. Siddhartha Chatterjee, Adv.
...for the Yes Bank The Court: The facts as placed on behalf of the petitioner and the State Bank of India and the Yes Bank, appear to be both contentious and conflicting.
There are allegations of fraud and malpractices but without any records to support the same. The RBI has also remained absent despite several notices on RBI to appear in the matter.
Affidavits will hopefully shed more light on the factual aspect of the matter.2
Let affidavit-in-opposition be filed within 4th November, 2022; reply within 11th November, 2022. List this matter on 14th November, 2022.
The prayer of the petitioner for a direction on the RBI to exercise its powers under the Banking Regulation Act, 1949 with reference to the dispute between SBI and Yes Bank shall be entertained in the presence of RBI. The petitioner shall be at liberty of taking appropriate steps in the matter.
Since it has been submitted on behalf of Yes Bank that the account of one Arindam Mitra has already been frozen since 22nd March, 2022 to the extent of Rs.29 lakhs and a further amount of Rs.10 lakhs was withdrawn pursuant to an order of the Ld. Bankshall Court, let the said account be frozen until the matter is considered on affidavits or until further orders, whichever is earlier. It is made clear that money can come into the account but shall not go out.
The supplementary affidavit of the petitioner is taken on record.
(MOUSHUMI BHATTACHARYA, J.) sg.