Kalpataru Vanijya Pvt. Ltd. & Ors vs Kotak Mahindra Bank Ltd. & Ors
2024 Latest Caselaw 2063 Cal/2

Calcutta High Court

Kalpataru Vanijya Pvt. Ltd. & Ors vs Kotak Mahindra Bank Ltd. & Ors on 12 June, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                        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 2022 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