ASSAM COOPERATIVE APEX BANK LTD. Vs. PUNJAB NATIONAL BANK
HIGH COURT OF GAUHATI
Assam Cooperative Apex Bank Ltd.
PUNJAB NATIONAL BANK
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KALYAN RAI SURANA -
(1.) Heard Mr. D. Saikia, learned Senior Counsel, assisted by Mr. P.N. Goswami, the learned counsel for the petitioner. Also heard Mr. A. Ganguly, the learned counsel for respondent No.1, Mr. G.N. Sahewalla, learned Senior Counsel, assisted by Md. Aslam, the learned counsel for the respondent No. 2, and Mr. D.K. Mishra with Mr. K. Agarwal, learned Senior Counsels, assisted by Mr. D. Akram, the learned counsel for respondent No. 7. Mr. K. Goswami, the learned Counsel for the respondent No. 5 was present. None appears on call for the other respondents.
(2.) Both the writ petitions are between the same parties. The learned Senior Counsels/ Counsels for the appearing parties have jointly submitted that common facts and questions of law arise for consideration in both the writ petitions. As such, on the joint request by both sides, both the writ petitions have been heard together.
(3.) On 21.11.2017, when the matter was listed for admission hearing, the learned Senior Counsel appearing for the respondent No. 7 had pressed for a hearing on the point of maintainability of the writ petition. It would be relevant to mention here that this Court had passed an ad-interim order dated 16.03.2017, in connection these writ petitions. Aggrieved by the said order, the respondent No. 7 had filed a writ appeal, being WA118/2017. Although the Hon'ble Division Bench of this Court, by order dated 09.05.2017, dismissed the appeal as withdrawn, however, at the request by the learned counsel for the respondent No. 7, they were permitted to raise the question of locus of the writ petitioner in these writ petition. Accordingly, such issue was pressed and this Court had proceeded to first hear the learned Senior Counsel for the respondent No. 7 as the respondent No.7 had raised such preliminary issue. Case Projected in the Two Writ Petitions:;
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