Lakshmi Dutta And ANR v. The Santragachi Co-Operative Bank Ltd And ORS

Item No.8 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 20.03.2024 Ct-24 WPA 11545 of 2023 Lakshmi Dutta & Anr.

v.

The Santragachi Co-operative Bank Ltd. & Ors. Mr. Shuvasish Sengupta Mr. Jayabrata Basu Roy ... for the petitioners.

Mr. Srijan Nayak Mr. Biplab Das Mr. Partha Sarathi Pal ... for the respondent no. 6.

Mr. Atindranath Misra ... for the respondent nos. 1 & 2.

Mr. Dyutiman Banerjee Mr. Debayan Roy ... for the respondent no.5.

Learned advocates appearing on behalf of the petitioners and the private respondents have taken steps pursuant to the instruction forwarded by the Cooperative Bank.

The parties agree to hand over their respective cheques to the bank by this week. The bank is directed to adjust the loan amount due of the bank from the aforesaid cheques. The balance amount of the aforesaid cheuqe shall be deposited by the bank in any interest bearing short-term Fixed Deposit.

Further steps shall be taken by the bank in respect of the said cheque only after order is passed in the probate proceeding that has been filed by the parties.

The amount paid is without prejudice to the rights and contentions of either of the parties and no equity shall be claimed by either of the parties on account of depositing the due amount. After the cheque is encashed the loan account shall stand closed.

The bank shall take further steps strictly in accordance with the order passed by the learned civil Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh (Amrita Sinha, J.)