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Calcutta High Court

State Bank Of India vs Atibir Industries Co Ltd And Anr on 17 October, 2023

Author: Hiranmay Bhattacharyya

Bench: T.S. Sivagnanam, Hiranmay Bhattacharyya

OD 3

                         IN THE HIGH COURT AT CALCUTTA
                          CIVIL APPELLATE JURISDICTION
                                  ORIGINAL SIDE

                                 APO/180/2023
                               IA NO: GA/1/2023
                             STATE BANK OF INDIA
                                       VS
                     ATIBIR INDUSTRIES CO LTD AND ANR.



BEFORE :
THE HON'BLE THE CHIEF JUSTICE T.S. SIVAGNANAM
             And
THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA
Date : 17TH OCTOBER, 2023

                                                                          Appearance :
                                                            Mr. Om Narayan Rai, Adv.
                                                            Mr. Santosh Kr. Roy, Adv.
                                                           Ms. Rituparna Sanyal, Adv.
                                                             Ms. Antalina Guha, Adv.
                                                                         ...for appellant
                                                      Mr. Ranjan Bachhawat, Sr. Adv.
                                                             Mr. Suman Kr. Dutt, Adv.
                                                              Mr. Arijit Bardhan, Adv.
                                                           Mr. Sarosij Dasgupta, Adv.
                                                           Mr. Soumyajit Mishra, Adv.
                                                                ...for respondent no.1.

Mr. Sarvapriya Mukherjee, Adv.

Mr. Subhankar Nag, Adv.

Mr. Biswajit Kumar, Adv.

Mr. Debayan Sen, Adv.

Ms. Mahima Cholera, Adv.

... respondent no.2.

The Court : - It is submitted by the second respondent in this appeal that they have also filed an independent appeal being APOT 393 of 2023 and prayed that the independent appeal be clubbed along with this appeal.

Such prayer is allowed.

Let APOT No. 393 of 2023 be clubbed along with this appeal and both the appeals be listed For Admission on 22nd November, 2023.

The learned Advocate appearing for appellant bank submitted that in the meantime the first respondent/writ petitioner is insisting upon allowing them to 2 operate the account. Since the appeal is to be heard for admission and for interim orders, the first respondent/writ petitioner shall not insist upon the appellant bank to permit them to operate the particular account in question till the matter is heard by the Court that is on 22nd November, 2023.

We make it clear, that this order is confined only to the subject matter covered in this appeal and will not operate as precedence in any other case.

(T.S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.) Pkd/GH.