HDFC BANK LTD Vs. BANU BIBI

JUDGEMENT

(1.) This revisional application is directed against an order no. 33 dated June 25, 2007 passed by the learned Judge, 3rd Bench, City Civil Court at Calcutta in Title Suit no. 1191 of 2005 allowing an application under section 151 of the Code of Civil Procedure filed by the plaintiff/opposite party to reseize the vehicle in question by the Officer in-charge, Motor Theft Section, Detective Department, Lalbazar.

(2.) In my earlier order passed in CO no. 2363 of 2007 wherein the petitioner challenges an order no. 32 dated 25th June 2007, dismissing the application under section 5 and 8 of the Arbitration and Conciliation Act 1996, I have allowed the said revisional application by setting aside the said order with direction upon the trial court to hear the said application afresh in accordance with law.

(3.) By an impugned order the learned Judge allowed the application under section 151 of the Code filed by the plaintiff/opposite party on the premise that no power (vokalatnama) is filed by the petitioner- bank and the constituted attorney of the petitioner-bank is not authorized to swear any affidavit. The said application under section 5 and 8 of the Arbitration and Conciliation Act, 1996 was dismissed on the similar ground as has been taken while disposing an application under section 151 of the Code of Civil Procedure. The trial court failed to consider that a debatable issue was raised by the petitioner-bank with regard to the date of taking possession of the vehicle in question. According to the petitioner-bank the possession of the vehicle in question was taken on 8th August 2005. In the said suit an ad interim order was passed on 12th August 2005. The said order was communicated to the petitioner-bank thereafter. The allegation put forth by the plaintiff/opposite party in the said application under section 151 of the Code that the petitioner bank forcibly took possession of the vehicle in question after the said ad interim order of injunction dated 12.08.2005.