AXIS BANK LTD Vs. ANUPAM ACHARJEE

JUDGEMENT

(1.) Heard Mr. P. Chakraborty, learned Counsel for the respondent-petitioner Bank. Also heard Mr. S. Deb, learned senior counsel assisted by Mr. R. K. Das, learned Counsel for the writ petitioner-respondents and Mr. N. Majumder, learned Counsel for the respondents No. 4 and 5 in the writ petition.

(2.) The instant application is filed by the respondent creditor Bank for granting them leave to sell out the secured assets of the writ petitioners already in their possession and also for vacating the interim order dated 4-12-2009 passed by this Court in Civil Application No. 392 of 2009 arising out of W.P. (C) No. 381 of 2009 whereby and whereunder this Court after hearing Mr. S. Deb, learned senior counsel for the writ petitioners came to a conclusion that an ad interim order was called for and accordingly, as an interim measure, it was ordered that the secured assets shall not be sold out without leave of this Court. This Court also granted liberty to the respondents to file application for modification/alteration of the said interim order and disposed of the said Misc. Application.

(3.) It is the admitted position that the aforesaid interim order was passed in absence of the respondents. Being aggrieved by the aforesaid ex parte order, the creditor respondent Bank filed the instant application on 18-1-2010 and the said application came up before this Court time and again. Some time the respondent creditor Bank who are the petitioners herein and some time both the parties prayed for time and due to such prayer of the parties, the instant application for vacating the interim order dated 4-12-2009 could not be disposed of. Ultimately on 9-4-2010. This application was taken up for hearing and the matter was partly heard fixing 12-4-2010 for further hearing. On that date again the matter was heard and fixed today for further hearing. Accordingly, the matter is taken up today.