Kaushk Bhattacharya v. Shilabhadra Sen

11.10.2022 as/cm FMAT (ARBAWARD) 54 of 2022 with CAN 1 of 2022 Kaushik Bhattacharya.

Vs.

Shilabhadra Sen.

Mr. Subhadip Biswas.

... for the appellant.

Appellant has assailed an ex-parte ad-interim order restraining the bank account of the firm bearing No.08170200004789 at Bank of Baroda, Hazra Branch. He submits the terms of the LLP permitted either of the parties to operate the bank account severally. He also offers to set apart a sum of Rs.4,07,981/- i.e. the dues of the plaintiff/respondent.

We have considered the aforesaid submissions. The order impugned is an ad-interim one and rights of the parties have not been decided as yet.

Hence, we do not wish to interfere with the order impugned but we give liberty to the appellant to file an application for vacating the order impugned before the court below.

In the event, appellant takes such steps, trial judge shall dispose of the vacating application at the earliest preferably within one month from the date of filing of

the said application without granting unnecessary adjournment to the parties.

With these directions, the appeal and the connected application are also disposed of.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)