HRISHIKESH BANERJI, J. - (1.) BY the present application under Clause 13 of the Letters Patent read with Section 24 of the Code of Civil Procedure the plaintiffs/petitioners pray, inter alia, for the following reliefs : "a) Rule be issued calling upon the respondents herein to show cause as to why the aforesaid O.A. No. 194 of 1998, United Bank of India v. The New Red Bank Tea Company Pvt. Ltd. and Ors. and O.A. No. 195 of 1998, United Bank of India v. Surendra Nagar Tea Estate Pvt. Ltd., pending before the Debts Recovery Tribunal, Calcutta, be withdrawn from the file of the ld. Tribunal and transferred to this Hon'ble Court for trial and disposal and if no cause or insufficient cause be shown, the Rule be made absolute; b) Stay of all further proceedings of O.A. No. 194 of 1998, United Bank of India v. The New Red Bank Tea Company Pvt. Ltd. and Ors. and O.A. No. 195 of 1998, United Bank of India v. Surendra Nagar Tea Estate Pvt. Ltd. pending before the Debts Recovery Tribunal, Calcutta; c) Injunction restraining the respondents No. 1 from taking any steps or further steps in O.A. No. 194 of 1998, United Bank of India v. The New Red Bank Tea Company Pvt. Ltd. and Ors. and O.A. No. 195 of 1998, United Bank of India v. Surendra Nagar Tea Estate Pvt. Ltd."
(2.) IN the first week of June, 1998 the petitioners filed suit No. 297 of 1996, The New India Bank Tea Company Pvt. Ltd. and Ors. v. United Bank of India and Ors., praying, inter alia, for rendition of accounts by the defendant-Bank in respect of the transactions between the plaintiffs and the defendant and also for a decree for Rs. 929 lakhs against the defendant-Bank with interim interest and interest on the judgment @ 21% per annum. The respondent No. 1 United Bank of India filed O.A. No. 194 of 1998, United Bank of India v. The New Red Bank Tea Company Pvt. Ltd. and Ors. before the Debts Recovery Tribunal (the Tribunal for short) on 27.8.1998 and O.A. No. 195 of 1998, United Bank of India v. Surendra Nagar Tea Estate Pvt. Ltd. and Ors. in the said Tribunal. The Bank prays, inter alia, for the following reliefs in O.A. No. 194 of 1998 against the petitioners and respondent Nos. 3-5 herein : "Certificate for payment of Rs. 14,05,33,514/- interest at 18.00% per annum with quarterly rents (rests ?) plus 2% interest tax on interest from August 1, 1998 till payment by the defendants to the applicant. Certificate for payment of contingent claim for Rs. 4,23,000/- and Rs. 5,75,000/- by the defendants to the applicant. Certificate for sale be issued and the Recovery Officer be directed to attach and sell the assets and properties of the defendants including those mentioned in Annexure "M" and "N" hereof in the modes permissible under law with direction to make over the proceeds thereof to the applicant for appropriation towards pro tanto satisfaction of the applicant's claims herein." In O.A. No. 195 of 1998 the reliefs claimed against the petitioners and the respondent Nos. 3-5 herein are : "Certificate for payment of Rs. 3,51,48,601/- with further interest from August 2, 1998 till payment by the defendants jointly and severally to the applicant at 18.00% per annum with quarterly rents (rests ?); plus 2% interest on tax interest. Certificate for sale be issued and the Recovery Officer be directed to attach and sell the assets and properties including those mentioned in Annexures "S" and "T" hereof in the modes permissible under the law with direction to make over the net proceeds thereof to the applicant for appropriation towards pro tanto satisfaction of the applicant's claims herein."
(3.) ANOTHER suit which was originally filed by the respondent Nos. 1 and 3-5 and the petitioner No. 3 herein and some others and numbered as Title Suit No. 8 of 1984 before the Assistant District Judge, Jalpaiguri was transferred to this Court and registered as Extraordinary Suit No. 1 of 1985. The said suit has been partly heard and is still pending in this Court. From the pleadings it appears that the said suit also relates to transactions referred to in the other suits and matters mentioned above.;