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Calcutta High CourtAPOT/44/2023disposed

Mkn Investment Private Limited And ANR. v. State Bank Of India And ORS.

2023-09-27The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Hiranmay Bhattacharyya3 pages

OD - 22 & 23

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE APOT/44/2023 IA NO.GA/1/2023 MKN INVESTMENT PRIVATE LIMITED AND ANR.

-VersusSTATE BANK OF INDIA AND ORS.

APOT/45/2023 IA NO.GA/1/2023 BIPLAB SHANKAR BOSE -VersusSTATE BANK OF INDIA AND ORS.

BEFORE :

THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM And THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA Date : 27th September, 2023 Appearance :

Mr.S.N. Mookerjee, Sr. Adv.

Mr. Mainak Bose, Adv.

Ms.Urmila Chakraboty, Adv.

Mr. Rishabh Karnani, Adv.

Mr. Pranav Sharma, Adv.

Mr.Swetank Rai,Adv.

...for the appellant.

Mr. Joy Saha, Sr. Adv.

Mr.Anirban Pramanick, Adv.

Mr.Punarbasu Nath, Adv.

..for the respondent.

The Court : These appeals are directed against the common order passed in WPO/20/2021 and WPO/24/2021. Against the said common order five appeals have been heard and in APOT/46/2023 the appeal was disposed of with the observation that if the appellant with the leave of the learned Writ Court

files a review application, the learned Writ Court was requested to consider the matter on merits and in accordance with law. The said order has been complied with by the said appellant and a review application stated to have been filed. The learned Advocate appearing for the appellant prays for an identical liberty in these appeals as well.

In the light of the above, these appeals are disposed of on the same lines as that of the appeal [APOT/46/2023] dated 5th June, 2023 with an observation that if the appellants with the leave of the learned Writ Court file a review application, the learned Writ Court is requested to consider the matter on merits and in accordance with law. In the event the respondent-bank decides to file an additional affidavitin-opposition to the grounds raised in the writ petition, leave may be granted to the respondent-bank to do so. Accordingly, GA/1/2023 stand disposed of.

(T.S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.) S.Das/