Citation : 2023 Latest Caselaw 758 Cal/2
Judgement Date : 22 March, 2023
OD-3
ORDER SHEET
WPO/292/2023
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
KOHLBROS WIRELESS SOLUTIONS LLP AND ANR.
VERSUS
UNION OF INDIA AND ORS.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 22nd March, 2023.
Appearance:
Mr. Altamash Alim, Adv.
Mr. Sumit Biswas, Adv.
Ms. Rajashree Bhowmick, Adv.
Mr. Shiv Mangal Singh, Adv.
Ms. Jahan Ara Kulsum, Adv.
Ms. Moriam Sanfui, Adv.
The Court: The petitioners seek a direction on the Bank to
remove a hold on the petitioners' account which was placed sometime in
March, 2022. The petitioners filed the present writ petition on 3rd February,
2023. Hence, there is no scope for granting any interim order at this stage.
In any event, the appeal filed by the Bank from a judgment
passed by this Court on 3rd November, 2022 is also pending before a
Division Bench. The order of the Division Bench dated 17th February, 2023
giving liberty to the parties to bring the appeal to the notice of this Court
has also been placed.
The Bank is directed to file its affidavit-in-opposition within two
weeks from date; Reply thereto, if any, may be filed within a week thereafter.
List this matter after three weeks.
The submission of learned counsel appearing for the petitioners
that the Bank's hold on the account will lead to the petitioners' default in
payment of GST dues is taken on record. The petitioners shall be at liberty
of taking out an appropriate application in this regard.
The affidavit-of-service is kept on record.
(MOUSHUMI BHATTACHARYA, J.)
bp.
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