Smt Sadhana Choudhury v. Axis Bank Ltd & ORS

January 22, 2021 ARDR (13) WPA 6629 of 2020 + (IA 1/2020) (Old CAN 5455 of 2020) (CAN 2 of 2020) Smt. Sadhana Choudhury Vs.

Axis Bank Ltd. & Ors.

Mr. Mainak Bose, Mr. Rajarshi Dutta, Mr. Ranjit Kumar Basu, Ms. Shebatee Dutta, ...for the petitioner.

Ms. Sayani Roy Chowdhury, Mr. Debtanay Banerjee, ...for the respondent nos. 1 & 2.

Mr. Jahar Dutta, Mr. Jaladhi Das, ...for the State.

The grievance of the petitioner pertain to the operation of a Bank account being run by the Life Line Nursing Home and Polyclinic, which is a partnership firm.

By an order dated 18th September, 2020 a learned Single Judge of this Hon'ble Court had passed an interim order, inter alia, restraining the Bank from issuing any new cheque without the leave of the Court. Mr. Bose along with Mr. Rajarshi Dutta appear on behalf of the petitioner and submits that all the disputes have been resolved by and between the partners. He submits that the mandatory signatory of the Bank account of the partnership firm is that of the petitioner along with either the wife of the deceased partner i.e. the respondent nos. 4 or the respondent

no.5. He further submits that no purpose would be served in keeping this writ petition alive since the parties have amicably resolved all the disputes. He further prays for liberty to withdraw the writ petition. In view of the submissions made on behalf of the petitioner, WPA 6629 of 2020 stands dismissed as withdrawn. The interlocutory applications also stand disposed off.

Interim orders stand automatically vacated.

The Bank is directed to proceed in accordance with law.

(Ravi Krishan Kapur, J.)