ALLAHABAD BANK CALCUTTA Vs. RADHA KRISHNA MAITY

JUDGEMENT

(1.) Leave granted.

(2.) The Allahabad Bank, Calcutta has filed this appeal against the order of the Calcutta High Court dated 19-6-98* in C.O. 1238/98. By that order passed under Article 227 of the Constitution of India, the High Court set aside the order dated 30-4-98 passed by the Presiding Officer, Debts Recovery Tribunal, Calcutta (under the Recovery of Debts due to Banks and Financial Institutions Act, (Act No. 51 of 1993) (hereinafter called the 'Act').

(3.) The facts of the case are that the Bank filed a suit under Section 19(1) of the Act before the Tribunal on 27-3-97 for recovery of monies in a sum of Rs. 46.54 lakhs and odd from respondents 1 to 3 and for other reliefs. Pending the case, the Bank applied on 29-3-97 seeking temporary injunction restraining the respondents from taking any monies or sums from M/s. Braitewaite and Co. When the advance copy of the IA was sought to be served on the learned counsel for respondents, the same was refused. The Tribunal then passed an interim order of injunction on 30-4-98 as follows: