Small Industries Development Bank Of India v. Mohit Mall And ANR.

OCD 3 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE IA NO: GA/1/2023 APOT/257/2023 WITH AP/421/2023 SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA VS MOHIT MALL AND ANR.

(Commercial Division)

BEFORE

The Hon'ble Justice I.P. MUKERJI -AndThe Hon'ble Justice BISWAROOP CHOWDHURY Date: 29th January, 2024 Ms. Usha Doshi with Ms. Priyanka Gope, Advs.

...for the appellant.

Mr. Swatarup Banerjee with Mr. Avishek Guha, Sk. Sariful Haque & Ms. Akansha Chopra, Advs.

...for respondent no.1.

Mr. Soumavo Ghose with Mr. Vikash Singh & Ms. Sujata Mistri, Advs.

...for respondent no.2.

The cause of grievance of the appellant is no longer there. The order of injunction restraining the bank from invoking the personal guarantee has expired by efflux of time.

Meanwhile, Mr. Soumavo Ghose's client the respondent no.2 has purchased the share-holding of the respondent no.1 and wants to deal with them to which both the appellant and the respondent no.1 do not have any objection.

Respondent no.2 will carry out the terms and conditions of the agreement between the respondent no.1 and the respondent no.2 with respect to the claim of the appellant.

So this appeal and the connected application (GA/1/2023) are disposed of with the above observation.

(I.P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) K. Banerjee A.R. (C.R.)