Dipendra Kumar Sanyal v. Dipankar Dasgupta And ORS

OD-17 - 18

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION [CONTEMPT] ORIGINAL SIDE CC/120/2023 DIPENDRA KUMAR SANYAL VS DIPANKAR DASGUPTA AND ORS APO/103/2023 IA NO: GA/1/2023, GA/2/2023, GA/3/2024 THE DIRECTOR AND MEMBER SECRETARY BOARD OF GOVERNORS (IISWBM) VS SHRI DIPENDRA KUMAR SANYAL AND ORS BEFORE :

THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM -A N DHON'BLE JUSTICE HIRANMAY BHATTACHARYYA DATE : 10th May, 2024.

Appearance :

Mr. Satpangshu Basu, Sr. Adv.

Mr. Biswaroop Bhattacharya, Adv.

Mrs. Sushmita Paul, Adv.

Mrs. Vijaya Bhatia, Adv.

Mr. Ganesh Prasad Shaw, Adv.

Mr. Gaurav Kumar, Adv.

...for petitioner Mr. S. N. Mitra, Sr. Adv.

Mr. S. S. Banerjee, Adv.

Mr. Sakya Sen, Adv.

Mr. Prangopal Das, Adv.

...for contemnor no. 1 Mr. S. Mukhopadhyay, Adv.

Mr. J.Roy, Adv.

Mr. S. Samanta, Adv.

..for contemnor no. 2 Mr. Subrata Kumar Sinha, Adv.

...for contemnor nos. 3 & 4 The Court :- On the last occasion the court suggested an interim arrangement so as to tide over the difficulties faced by the institution in payment of salaries, pensionary benefits and other essential payments such as payment of electricity consumption etc. Mr. Mitra, learned Senior Advocate appearing for the appellant

suggests that Dr. Krishna Murari Agarwal, Director (Actg.) representing the appellant and Mr. Dipendra Kumar Sanyal, Treasurer, representing the respondent/writ petitioner may be authorised to sign all the cheques till the appeal is heard out and the bank may be directed to accept the mandate containing signatures of both the aforementioned persons and honour the cheques and release the payments accordingly. For aforementioned purpose, the respondent should be permitted to go to the institution premises and signing all the cheques shall be done in the premises of the institution.

The learned Advocate for the respondent bank are also present and they shall intimate this order to the bank so that the cheques signed by the aforementioned two persons are honoured by the bank.

In order to facilitate the banking operation, the requisite formalities be complied with by the aforementioned two persons such as furnishing KYC as the bank would demand. It is made clear this is purely a temporary working arrangement and it will not in any manner prejudice the rights of both the parties. With the above, CC/120/2023 is disposed of.

A supplementary affidavit has been filed by the appellant in the appeal being APO/103/2023. Liberty is granted to the respondent/writ petitioner to file their affidavit-in-opposition and copy of which shall be served two days before the next hearing date.

Let the matter appear under the heading "To Be Mentioned" on 14.06.2024. .

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