Merchant Monger Agrotech Private Limited And ORS v. Indian Bank And ORS

18.09.2025 chanchal In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 21732 of 2025 Merchant Monger Agrotech Pvt. Ltd. & Ors.

-versus Indian Bank & Ors.

Mr. Joydip Kar, Sr. Adv., Mr. Debashis Kundu, Sr. Adv., Mr. Sukrit Mukherjee, Mr. Debasish Mukherjee Ms. Jenia Rudra ... for the petitioners Mr. Shiv Mangal Singh .. for the respondent/Bank Ms. Soni Ojha ... for the respondent Nos. 4

1. The petitioner prays for consideration of the representation dated 15th May, 2025 and the undated representation annexed at page 422 and the tack report annexed at page 423 of the writ petition.

2. Accordingly to the Bank, there has been a contract between the petitioners and the Bank regarding the exit clause of the cash credit account.

3. The petitioners contend that no formal contract has been executed by and between the parties based on the sanction dated 25th March, 2025 in connection with section of credit facilities to the petitioner no. 2.

4. Be that as it may, as the representation of the petitioners is pending consideration before the Bank, as such, without entering into the merit of the claim and counter claim of the parties the instant writ petition

is disposed of by directing the Branch Manager of the Bank to take into consideration the prayer of the petitioners as appearing in the aforesaid representations in accordance with law after giving reasonable opportunity of hearing to all the necessary parties at the earliest but positively within a fortnight from the date of communication of this order.

5. The learned advocate for the petitioners shall forward the representations to be considered by the Branch Manager at the time of communication of the order of the Court.

6. The writ petition is disposed of.

7. Since the writ petition is being disposed of without calling for any affidavit, the allegation made therein are deemed not to have been admitted by the respondents.

8. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)