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Calcutta High CourtMAT/1728/2022disposed as infructuous

State Bank Of India And ORS v. Abhishek Choudhury

2024-03-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

MAT 1728 of 2022 Items14&15.

CAN 1 of 2022 State Bank of India & Ors.

28-03-2024

Versus

Abhishek Choudhury & Anr.

Ct. 8 sg With MAT 64 of 2023 CAN 1 of 2023 CAN 2 of 2023 State Bank of India & Ors.

Versus

Abhishek Choudhury & Anr.

Mr. Subrata Kumar Sinha, Adv.

...for the appellants Mr. Arun Bandyopadhyay, Adv.

...for UOI Ms. Nupur Chaudhuri, Adv.

...for the respondent

1. The paper books, written notes of argument, affidavits-inreply and certified copy of the order filed by the appellants in Court today is taken on record.

2. A prayer for adjournment is made on behalf of the respondent no.1.

In Re: CAN 1 of 2022 in MAT 1728 of 2022 and CAN 1 of 2023 with CAN 2 of 2023 in MAT 64 of 2023

3. In view of the fact that a coordinate Bench has granted an order of status quo on 8th May, 2023 and the paper books have been filed in the meantime, we dispose of the applications for stay in both the appeals by confirming the interim order passed on 8th May, 2023 till the disposal of the appeals.

4. CAN 1 of 2022, CAN 1 of 2023 and CAN 3 of 2023 are thus, disposed of.

In Re: MAT 1728 of 2022

5. In view of the fact that MAT 1728 of 2022 with IA No. CAN 1 of 2022 was preferred against an interim order and it has

now merged with the final order passed by the learned Single Judge on 12th December, 2022 against which an appeal has also been preferred being MAT 64 of 2023 with IA No. 1 of 2023, there is no need to decide MAT 1728 of 2022 with IA No. CAN 1 of 2022 separately.

6. MAT 1728 of 2022 is accordingly, disposed of with the observation that the said appeal, by efflux of time and by reason of the order passed by the learned Single Judge finally disposing of the writ petition on 12th December, 2022, has become infructuous. In fact, the order of status quo was passed on 8th May, 2023 by which time MAT 64 of 2023 was filed challenging the final order passed by the learned Single Judge.

7. Accordingly, MAT 1728 of 2022 is disposed of in terms of this order.

In Re: MAT 64 of 2023

8. MAT 64 of 2023 shall be listed after a fortnight.

9. The respondents are directed to file their law notes in the meantime.

(Soumen Sen, J.) (Uday Kumar, J.)