Calcutta High Court
Ratan Karmakar & Anr vs Union Bank Of India & Anr on 16 March, 2010
Author: Dipankar Datta
Bench: Dipankar Datta
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
G. A. No. 10 of 2010
W. P. No.1344 of 2009
RATAN KARMAKAR & ANR.
Versus
UNION BANK OF INDIA & ANR.
BEFORE:
The Hon'ble Justice Dipankar Datta
_______________________________________________________________
Date: 16th March, 2010
_______________________________________________________________
This is an application for addition of party at the
instance of the brother of the first petitioner.
In the writ petition, the petitioners have questioned
notices issued by the respondent-bank in exercise of power
conferred by the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
It is claimed by the applicant that in the event the writ petitioners fail to discharge their liability, he might be ousted from his present place of residence and since he is willing to clear 2 the dues of the bank, he must be allowed to participate in this proceeding.
Mr. Sen, learned Advocate appearing for the petitioners opposes the prayer for addition. However, he is candid enough to submit before the Court that the writ petitioners have not paid Rs.2 lakhs as directed by the order dated 5th February, 2010.
Learned Advocate for the bank is not in a position to apprise the Court the quantum of dues. He seeks some time to obtain instruction.
Since the writ petitioners have defaulted in payment of Rs.2 lakhs within the time specified in the order dated 5th February, 2010, the interim order is no longer in operation and, therefore, the bank shall be entitled to proceed against them in accordance with law. However, since in the process the applicant may be ousted, this Court considers it necessary to implead him as an additional respondent in this petition.
The application for addition of party stands allowed. The writ petition shall be listed on 23rd February, 2010 under the heading `Court Application' when the learned Advocate, appearing for the bank shall apprise the Court the exact quantum of dues.
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Urgent photostat certified copy of this order be made available to the parties, if applied for, upon compliance of all requisite formalities.
( Dipankar Datta, J. ) AKGoswami