Punjab National Bank And Anr vs Rajaram Sevak Multipurpose
2025 Latest Caselaw 2617 Cal/2

Calcutta High Court

Punjab National Bank And Anr vs Rajaram Sevak Multipurpose on 16 September, 2025

Author: Debangsu Basak

Bench: Debangsu Basak

OD-8
                                 APO/71/2024
                               IA No.GA/1/2024

                     IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction
                               ORIGINAL SIDE


                                         PUNJAB NATIONAL BANK AND ANR.

                                                       -VERSUS-

                                         RAJARAM SEVAK MULTIPURPOSE
                                         COLD STORAGE (P) LTD. & ORS.

                                                                           Appearance:
                                                         Mr. Swatarup Banerjee, Adv.
                                                                Mr. S. K. Tiwari, Adv.
                                                          Mr. Shambhu Mahato, Adv.
                                                              Ms. Muskan Jatan, Adv.
                                                                  ...for the appellants.

                                                        Mr. S. N. Mookherjee, Sr. Adv.
                                                 Mr. Sabyasachi Chowdhury, Sr. Adv.
                                                  Mr. Biswaroop Bhattacharjee, Adv.
                                                   Mr. Dwaipayan Basu Mullick, Adv.
                                                         Mr. Rajesh Upadhyay, Adv.
                                                            Mr. Shoham Sanyal, Adv.
                                                                  ...for the respondent.

BEFORE :

THE HON'BLE JUSTICE DEBANGSU BASAK And THE HON'BLE JUSTICE MD. SHABBAR RASHIDI Date : 16th September, 2025.

The Court :- The Court :- Appeal is directed against the order dated

April 29, 2024 passed in WPO/341/2024. Appeal is at the behest of Punjab

National Bank and its functionaries.

Learned advocate appearing for the appellants submits that the

appellants were not provided any opportunity to file affidavits. He submits

that, the issues raised in the writ petition are covered by the judgment and

order rendered by the Division Bench in APOT/390/2024 & IA No.GA/2/2024

(Harish Kumar Agarwal & Ors. vs. Axis Bank & Anr.), APOT/385/2024 & IA

No.GA/2/2025 (Punjab National Bank & Anr. vs. Vikass Agarwal) with

APOT/8/2025 & IA No.GA/2/2025 (Punjab National Bank & Anr. vs.

Vishambhar Saran) and MAT/1823/2023 & IA No.CAN/1/2023 (Union of India

& Anr. vs. Prashant Bothra & Ors.) with MAT/1889/2023 & IA

No.CAN/1/2023 (Bank of Baroda vs. Prashant Bothra & Ors.)

Learned advocate appearing for the private respondent submits that,

various documents are sought to be relied upon in the stay petition which were

not part of the trial Court records.

Apparently the writ petition was disposed of without inviting

affidavits from the parties.

Appellants are also seeking to rely upon various documents, which

according to the appellants, are materials for the purpose of deciding the issue

raised in the writ petition. Appellants claim that since they were not allowed to

file affidavits, such documents could not be relied upon before the leaned

Single Judge.

In the facts and circumstances of the present case, it would be

appropriate to set aside the order impugned since the appellants were not

afforded an opportunity to file affidavits.

Let affidavit-in-opposition to the writ petition be filed by October 28,

2025; reply thereto, if any, be filed by November 4, 2025.

Parties are at liberty to mention the matter before the appropriate

Court for final hearing.

Accordingly, the appeal and the connected application stand disposed

of.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.) A/s.