CANARA BANK HEAD OFFICE IN BANGALORE Vs. KIRTEE KISHORE BHATTACHARJEE AND ORS
HIGH COURT OF GAUHATI
Canara Bank Head Office In Bangalore
Kirtee Kishore Bhattacharjee And Ors
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Kalyan Rai Surana, J. -
(1.) Heard Mr. S. Dutta, the learned Senior counsel, assisted by Ms. M. Saikia, the learned counsel for the appellant as well as Mr. A. Sarma, the learned counsel appearing for the respondents No. 1 and 5 and Mr. S. Murarka, the learned counsel appearing for the respondent No. 2. None appears on call for the other respondents.
(2.) By this appeal under Section Order 43 Rule 1(r) CPC, the appellant i.e. the Canara Bank has challenged the order dated 26.06.2007 passed by the learned Civil Judge (Senior Division) No. 1, Guwahati in Misc.(J) Case No. 114/2007 arising out of M.S. No. 54/2007.
(3.) Alleging that the respondent No.1, who at relevant time was working with the appellant bank, had misappropriated bank's money and had also committed certain irregularities, the appellant bank had filed a money suit which was numbered as M. S. No. 54/2007 and the same was transferred to the Court of the learned Civil Judge (Senior Division) No. 1, Guwahati for disposal. In connection with the said suit, the appellant had also filed a separate application under Order 39 Rules 1 and 2 read with Section 151 CPC, thereby praying for an ad-interim injunction restraining the respondent No. 2 from making any payment against the shares and debentures lying with them in the name of respondent No. 1 and 5 and also to restrain the respondent No. 2, namely, Motilal Oswal Security Pvt. Ltd. and respondent No. 3 i.e. HDFC Bank from making any payment out of money lying with them in the account of respondent No. 1, 4 and 5. It is stated that the respondent No. 5 is the wife of the respondent No. 1. Owing to the nature of the order proposed to be passed, this Court has not burdened in this order with the allegations made in the plaint.;
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