Kalpataru Vanijya Private Limited And ORS. v. Kotak Mahindra Bank Limited And ORS.

IA No: GA 1 of 2024 APOT No. 205 of 2024 with CS No. 145 of 2024

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION Kalpataru Vanijya Pvt. Ltd. & Ors.

Versus

Kotak Mahindra Bank Ltd. & Ors.

Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 12th June 2024 Appearance:

Mr. Mainak Bose, Advocate Mr. R. Karnani, Advocate Mr. Rajesh Upadhyay, Advocate for the appellant Mr. Swatarup Banerjee, Advocate Mr. Amritam Mandal, Advocate Mr. Dwaipayan Banerjee, Advocate Mr. Abir Das, Advocate Ms. Mahima Mukherjee, Advocate for the respondent The Court: Order in terms of prayer (a) of the stay petition. We admit the appeal and at the same time dispose of it dispensing with all formalities.

By the impugned judgment and order dated 10th May 2024 made by the learned single judge the prayer of the appellants/plaintiffs, for an ad interim order of injunction restraining the respondent/defendant no.1 from making any demand or acting contrary to the agreement dated 30th January 2020 without fulfilment of some terms and conditions, was refused.

We notice that this order was made ex parte in the presence of the appellants/plaintiffs. The returnable date of the application is on 21st June 2024.

Mr. Swatarup Banerjee, learned counsel appearing for the respondents states that his clients are in possession of the subject property. He submits that demand notices have been issued on the appellant prior to the impugned judgment and order. In that view of the matter, we request the learned single judge to hear out the application on 21st June 2024 or any day soon thereafter as may be convenient to the bench. Either party may be permitted to mention this order before the learned single judge.

Till the application is taken up by the court, the respondents shall not proceed further with any demand against the appellant, without obtaining the leave of the court.

This limited order is strictly limited till the time taken by the learned single judge to consider the prayer for interim order. All points are kept open.

The appeal (APOT 205 of 2024) and the stay application (IA No: GA 1 of 2024) are disposed of.

As affidavits were not invited, the allegations contained in the stay petition are deemed to have been not admitted. (I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) R. Bose